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HomeMy WebLinkAbout05/15/2000 City CouncilMINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON MAY 15, 2000 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:00p.m. on the 15th day of May 2000 at City Hall, with the following council roll call: William W. Manning, Mayor Present John Gordon, Councilmember Present Lewis Jue, Councilmember Present David Stanwick, Councilmember Present A1 Garcia, Councilmcmbcr Present John Dillard, Councilmember Present Jeff Meyers, Councilmember Present and with seven present a quorum was established, the following items were addressed: ITEM DESCRIPTION SOURCE STATUS 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Manning Invocation - 1st United Methodist Church Pledge of Allegiance to the United States Flag Manning Salute to the Texas Flag 1.1 Administer Oath of Office to newly elected officials Hicks City Secretary Patti Hicks administered the Oath of Office to the newly elected Councilmembers, David Stanwick, A1 Garcia, John Dillard and Dave Kovatch Each then took their place on the dais. 1.2 Citizen Input Richard Kuether, 4109 Driscoll, requested that the council allow presentations during public hearings to be made prior to any public input. 1.3 JPH JOINT PUBLIC HEARINGS OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION: ...- 1.4JPH Public Hearing on application of Post Oak Persaud Development, Inc., requesting approval for a change in zoning from Business Park "BP" zoning district claSsif'tcatj0n~o General Re, tail '.~GR" zoning district classifiCation on a~tract Of ~'4.742 acres located north of SH 121, east of Blair Oaks Road and south of the proposed Memorial Drive in the City of The Colony Harry Persaud advised council and P&Z that staff wanted to handle this zoning request and the following SUP together and that the developers had not submitted all the documents necessary to proceed. Mr. Persaud said staff recommends opening this public hearing, then closing it, noting that staff will re-advertise and bring back to each body at a later date. Mayor Manning opened the public hearing for the council and Chairman Agnew opened the public hearing for the P&Z. Craig Lendenning representing Post Oak Development asked Mr. Persaud what documents had not been submitted and Mr. Persaud advised he had not received a traffic study. Mr. Lendenning said he did not need a traffic study for his zoning request, noting the traffic study is only needed for the SUP request from Lowe's. Mr. Lendenning said he was unaware of this issue and expected the case to be heard and acted upon at this meeting. Mayor Manning explained that council and P&Z did not have any action items on the agenda at this meeting, but that the city could adjust the schedule to get this zoning request accomplished in an expedient manner. Mayor Manning closed the council public heating. Chairman Agnew closed the P&Z public heating. 1.SJPH Public Hearing on application of Lowe's Home Persaud Improvement, Inc., requesting approval of a Specific Use Permit to allow for outside storage with visual screening in the General Retail "GR" zoning district classification on a tract of 13.778 acres located north of SH 121, east of Blair Oaks Road and south of the proposed Memorial Drive in the City of The Colony Mayor Manning opened the public hearing for the council and Chairman Agnew opened the public heating for the P&Z. Mr. Persaud said the same report applies to this item as -- the previous one. Mayor Manning closed the council public hearing. Chairman Agnew closed the P&Z public hearing. 1.6 JPH Public Hearing on application of Jenkins and Gilehrist Persaud requesting approval for a change in zoning from Planned Development "PD-9' zoning district classification, designated for business Park "BP" and Multi family "MF" uses and establishing a new Planned Development District "PD-17" to allow for business Park "BP", General retail "GR" and Multi Family "MF" uses on a 329 acre tract situated south of SH 121 and west of the railroad track, and located in the BBB and CRR Survey Abstracts //173 and #174 and in the MDT Hallmark Survey Abstract #570, in the City of The Colony, Denton County, Texas At this time, Mayor Manning announced he had a conflict of interest in this case, that he had filed the necessary affidavit and he excused himself from the meeting. Mayor Pro-rem Dillard presided at the meeting and proceeded to open the public heating for the council. __ Chairman Agnew opened the P&Z hearing. Chairman Agnew requested that the Mayor Pro-tern recognize P&Z members during the public hearing. Mr. Persaud advised the council of the current zoning on the property then turned the presentation over to consultant 2 Dennis Wilson. Mr. Wilson said the proposal is for a fairly specific development, which is primarily office with mixed uses. Mr. Wilson explained the various aspects of the case, noting it is divided into Tract A1 (approximately 322.29 acres) and Tract A2 (approximately 6.47 acres). Tract A1 is proposed to be developed as a mixed-use development including office, retail, hotel and multi-family. Tract A2 is proposed to be developed with BP standards plus GR uses. Mr. Wilson went on to explain the conceptual plan, giving percentages for building, open space, parks, parking and roadways. He said the building height for both tracts would comply with FAA regulations, which is currently 800 feet. Mr. Wilson stated the height might change at a later date. Mr. Wilson said the new PD ordinance includes assurances that the property will be a mixed use development, noting specifically that college, university, seminary and school developments are limited to 1% of the amount of office space which is built. He said this would make it unlikely for the development to become "institutional". He noted the setback requirements from Hwy 121 are 1' foot for every 2 feet of height. Mr. Wilson also advised that most of the parking will be in a parking garage and 50% of that will be underground. David Greer, 4164 Ballard Trail, asked if anyone on the board (council or P&Z) have a personal financial interest in this project. They do not. Bill Dahlstrom, with Jenkins & Gilchrist, representing the Maharishi Global Development Fund (the "Fund"), stated that the Fund has purchased this property and plan to build a state of the art, commercial facility with hotel, office, multi-family, retail uses. He said they realize this conceptual plan is the first step in a long process and that they want to work with the community to bring a first class project, which will be important to the entire region, to The Colony. Member Jamme asked about he FAR in the MF use and about Headquarters Drive. Mr. Wilson said there is a maximum of .25 FAR in multi-family and that Headquarters Drive is addressed in the new ordinance under the General Conditions. Councilmember Stanwick stated it is very important that Headquarters Drive intersect with the east roadway. Mr. Wilson advised in the current proposal they do not intersect, but that there are several different solutions to this issue and that it can be resolved. Member Hubbard asked if amount open space implied in the conceptual plan is accurate. Mr. Wilson said according to the best estimates the amount shown is accurate. Councilmember Gordon asked if it is possible for the property to become institutional. Mr. Wilson said it would be impossible because not one foot of that type of building can be constructed until there is 100 feet of office space. Councilmember Kovatch asked the maximum number of multi-family units that would be allowed under the current zoning and how many would be allowed under the new zoning. Mr. Persaud advised 1200 units would be allowed currently. Mr. Wilson stated that if the multi- family were maximized there could be 3.5 million square feet of apartments, or 4500 units. He said that possibility is very unlikely. Councilmember Kovatch asked how high the building could be built and Mr. Wilson said that had not been calculated, but estimated it could go up to 1600 feet. Lucillo Pefia, representing Austin Ranch and Billingsley Co., 4041 Travis Street, Dallas, gave a brief update on the Austin Ranch project and stated they do not object to the shift in uses, but they do object to moving Headquarters Drive and to increasing the number of multi-family units allowed. He said Headquarters is a very important link for Austin Ranch to Legacy Drive. Richard Kuether, 4109 Driscoll Drive, said he is concerned about the height of the building and asked if our fire department could handle a fire in that type of building. Bernetta Henville-Shannon, 4164 Ballard Trail, said she has researched the types of buildings this company constructs and said they are known for building the tallest buildings in the world. She asked if the city could handle the increased population, traffic etc. She also asked who owns the land. Mayor Pro-tem Dillard said any city with buildings over 10 stories high has a problem fighting fires and said that precautions are taken in the building itself to minimize those problems. Mr. Dahlstrom responded stating the Fund owns the land and went on to say them is a lot of study to be done before the next phase of this project begins. Cindi DePrater, 4516 Sarasota, asked the nature of the offices to be housed in the facility, stating she understands the Fund usually rents to its members only. She also said she believes the hotels are really hospitals. She further asked what percentage of the costs will actually be paid by the Fund and what will this cost the city. Ms. DePrater also asked who the designers are. Mayor Pro-tem Dillard said to his knowledge, the city had not been asked for any money with regard to this project. Mr. Dahlstrom assured Ms. DePrater the development is fully commercial, targeting top retailers, 5 star hotels, etc. He said he couldn't say how much the Fund would spend, because that number is not known, stating again this is just in the design stage. He said they have talked to several designers and engineers, but no decisions have been made at this time. Councilmember Kovatch expressed concern about Headquarters Drive also and asked what impact this development would have on any assumptions made as part of the Comprehensive Plan. Mr. Persaud said one goal of the Comprehensive Plan is to use the 121 corridor to promote a strong tax base for the city and he said when the development plan is received then we can better evaluate the impact. Mayor Pro-tern Dillard noted that this development is unlike anything in the metroplex and unlike anything we may have thought would be built in The Colony. He wenl on to say that it is done in other places and can be done here. He said this could be an exciting venture for our city. Councilmember Stanwick said there is nothing in the ordinance which states what happens to the zoning if the project does not happen. Mr. Persaud said this PD ordinance is customized for this project and if it doesn't happen, the zoning would not really be appropriate for any other development and the city could initiate a zoning change on the property. Councilmember Stanwick said that is implied in the ordinance, but he would like it to be specific to protect the city. Chairman Agnew asked if there was a schedule for the progression of this case. Mr. Persaud said he expects the ordinance to come back to P&Z and council in 2-3 weeks. Mr. Dahlstrom said they hope to move quickly, noting their development plan will be prepared as soon as the zoning is in place. He stated the development plan would be in much more detail than the conceptual plan. Sue Walden, 5081 Avery, asked how many stories a building of this height could accommodate. Mr. Dahlstrom said he was not sure of the height of the building, noting that there are more studies to be done FAA regulations to consider, etc. Bemetta Henville-Shannon asked if the Fund is a non- profit organization and if they are going to sell apartments or condominiums. Mr. Dahlstrom advised that it is a 5013C, non-profit organization, but that apartments will be leased. He stated again that this is a purely commercial development. Chairman Agnew closed the public hearing for the P&Z and subsequently adjourned the P&Z work session at 8:05 p.m. Mayor Pro-tem Dillard closed the hearing for the council and called a 10-minute recess. 8:05 p.m. Recess 8:15 p.m. Reconvene 2.0 CONSENT AGENDA 2.1 Consideration of approval of the minutes of the council Hicks meetings held May 1, 8 and 9, 2000 Motion to approve the minutes as written-Stanwick; second-Gordon, carried with six ayes. Councilmember Kovatch abstained. 2.2 Consideration of authorizing purchase of two pickup Sparkman/ 5 trucks from General Services Commission and Chutchian approval of an ordinance authorizing contract for same Motion to approve the purchase as recommended- Stanwick; second-Gordon, carried with all ayes. 2.3 Consideration of acceptance and award of bids for the Sparkmard annual contract for janitorial services to Ultra Clean Dunlap Janitorial Services and approval of an ordinance authorizing contract for same Motion to accept the bids and award as recommended- Stanwick; second-Gordon, carried with all ayes. 2.4 Consideration of approval of an ordinance amending Pcrsaud the comprehensive Zoning Ordinance by amending Planned Development "PD-11" to allow for the parking of boats and recreational vehicles at Bristol Oaks Apartments Motion to approve the ordinance as written-Stanwick; second-Gordon, carried with all ayes. Consideration of authorizing two budget amendments 2.5 for street improvements at the intersections of Main Lambert Street (FM 423) and N. Colony and at Palge and SH 121 in the amount of $55,400 Motion to approve the budget amendments as requested- Stanwick; second-Gordon, carried with all ayes. -- Review and consideration of monthly expenses for City 2.6 council Council Motion to approve as presented-Stanwick; second- Gordon, carried with all ayes. REGULAR AGENDA: 3.0 Election of Mayor Pro-tem and Deputy Mayor Pro-tem 3.1 Councilmember Gordon nominated Councilmember Council Dillard to serve as Mayor Pro-rem. Councilmember Kovatch made a motion that nominations cease, seconded by Councilmember Garcia, and carried with all ayes. Councilmember Stanwick made a motion to elect by acclamation, second by Councilmember Garcia, carried with all ayes. Councilmember Garcia nominated Councilmember Stanwick to serve as Deputy Mayor Pro-rem. Councilmember Gordon made a motion that nominations cease; seconded by Councilmember Jue, carried with all ayes. Councilmember Kovatch made a motion to elect by acclamation, second by Councilmember Jue, carried with all ayes. Consideration of approval of a site plan for Coldwell 3.2 Banker Romo Realty, located east of Main Street and Persaud north of Lake Highlands Drive Mr. Persaud gave the background on this request. Mr. I Sam Romo, 4541 Northshore, owner of the property, said 6 he has been planning this for several months. He advised the existing building will be remodeled to match the new building and will be used as a construction office. Motion to approve the site plan as presented-Stanwick; second-Dillard, carried with all ayes. Consideration of authorizing a developer's agreement 3.3 with Centennial Liquor Stores for the installation of a Lambert traffic signal at the intersection SIt 121 and Standridge Drive Mr. Lambert advised that under this agreement, Centennial Liquor Stores would pay the construction costs for this signal light. Motion to approve agreement the as presented-Stanwick; second-Gordon, carried with all ayes. Consideration of authorizing expenditures in the 3.4 amount of $9427.00 from the Municipal Court Security Hicks/ Fund for the construction and installation of courtroom Ristagno/ fixtures; and consideration of request for funding to Jordan complete renovation of the existing Municipal Court Offices, City Marshal's office and Court room Patti Hicks, Director of Administrative Services, advised the council that the expenditure of $9427.00 for the construction and installation of permanent fixtures in the courtroom can be paid from the Municipal Court Security Fund. She further advised the expenditure of $13,500 for remodeling could not be paid for from that fund. Ms. Hicks and Tony Johnston, Finance Director, also advised the council that there are some roof problems that are going to have to be addressed. One of the leaks is in the courtroom. Mayor Manning asked Mr. Johnston if there was sufficient money in the reserve fund to pay the $13,500 remodeling expenses. Mr. Johnston advised there was $400,000 left at the end of last year. Mayor Manning said he would like to see the Court and City Marshal areas remodeled as soon as possible. Councilmember Stanwick said he did not have a problem with these proposals, but said he would like to have figures on what it would cost to complete the building in the next year's budget. He said we should not piece meal anymore projects, but take care of the total costs. Councilmember Dillard said we should include funds in the budget each year for roof repairs on city buildings. Motion to authorize use of the Municipal Court Security Fund in the amount of $9427.00 to pay for permanent fixtures in the courtroom and authority to proceed with a budget amendment to pay for the remodeling of the court offices, city marshal's office and courtroom from reserve funds-Kovatch; second-Dillard, carried with all ayes. Presentation and consideration of approval of a design 3.5 for the proposed Conference Center 7 Pam Nelson, Parks & Recreation Director, and Art Nelson Phelps, architect, presented two options for the renovation of the old library building. Option One with an estimated cost of $301,148, plus $45,000-$55,000 for furniture provides for minimum remodeling of the building to create five meeting rooms, a craft room a new lobby and new restroom facilities. There would be very little structural changes to the building with this option. Option Two at an estimated cost of $836,876.00 plus $60,000-$70,000 for furniture provides for maximum use of the facility, creating performance halls, multi-purpose activity rooms, staff offices, new lobby area, crafts room, studio and new landscaping and entry features. Mayor Manning said he would like to see a stage and asked the cost to raise the ceiling to accommodate a stage. Mr. Phelps said that would be costly, but that he could provide an estimate. Councilmember Stanwick said he likes Option Two, but is concerned that it will not really allow expansion of current programs because it will limit the types of traffic we want in the building, i.e. Kid's Kamp. Ms. Nelson said this facility would allow for expansion of several programs and would allow them to offer more programs. She said all activities would not be moved from the Recreation Center and stated she does not plan to move Kid's Kamp to the new center. Councilmember Stanwick said it is beautiful, but he would prefer to see the money spent on usable space instead of limestone columns. Councilmember Dillard said he prefers Option Two because it provides a quality place for people to meet. He said there may be some changes but it is something to work with. Councilmember Kovatch agreed and said if Kid's Kamp needs a larger place, then expand the gym. He said Option Two would provide a nice space for meetings, conferences, etc. He would like to see projections of revenues for leasing the facility. Councilmember Garcia asked if the proposal included wiring for sound and lights. Mr. Phelps said it does. Councilmember Gordon asked if Option Two could be done in phases. Ms. Nelson advised that since we are going to be applying for a grant, doing it in phases could effect our chances for approval. She said the Texas Parks & Wildlife Dept. has seen the plan and like the idea that several functions can be happening at one time. To eliminate something in Phase 1 that would change that capability could lessen our chances for approval. Councilmember Gordon said he thought there were foundation problems in this building and Mr. Phelps said they have inspected it and found nothing wrong with the foundation on the exterior. He said the interior slab has moved, but until they have it tested, they do not know the extent of the damage, if any. Mayor Manning asked about serving food in the small 8 area provided. Mr. Phelps said this would be strictly a catering kitchen. Councilmember Stanwick reminded everyone that at the work session they discussed using this facility to give more space for Parks & Recreation programs because the Recreation Center is too small. He said if the council wants a conference center, then he will agree, but that it will be a trade off. He said a conference center will not allow certain uses and it will limit the number of programs which can be expanded from the Recreation Center. Mayor Manning said he hopes that the Parks & Recreation staff and the Parks and Recreation Board have considered all these things and have presented the best option to maximize this facility. Tony Johnston presented three funding options: Reserve Fund, Debt Service (next bond issue), Debt Service (small tax note). Possibility of some funding from 4B. Mayor Manning said when we adopted the sales tax; he thought 4B money would be used for this type of project. Councilmember Gordon asked what we would do if we do not receive the grant. Ms. Nelson advised we would re- evaluate and perhaps scale down the project. Motion to approve Option Two as presented-Dillard; second-Kovatch, carried with all ayes. Councilmember Gordon reiterated this approval is contingent on approval of our grant application. Consideration of approval of a resolution authorizing a grant application to Texas Parks & Wildlife 3.6 Department for funding for the renovation of the Nelson proposed Conference Center Motion to approve the resolution as written, naming Pam Nelson as the designated representative for the city- Kovatch; second-Gordon, carried with all ayes. Consideration of authorizing an agreement with Dunkin Sims Stoffels, Inc. for the preparation of the 3.7 grant application to the Texas Parks & Wildlife Nelson Department for funding for the renovation of the proposed conference Center Ms. Nelson advised that Dennis Sims with this firm has done over 40 grant applications and has a 90% success rate. She said Mr. Sims and the T.D.P.&W. are both optimistic about our chances for approval. Motion to approve as recommended-Dillard; second- Gordon, carried with all ayes. Consideration of approval of a resolution opposing H.R. 2372, the private property rights implementation act, 3.8 urging the Texas delegation of the U.S. Senate to vote Cty. Atty. against the bill and encouraging the President of the United States to veto the bill if approved by the U.S. Senate Councilmember Dillard advised that this legislation is not really written for Texas, but that he believes it would be wise for the council to pass the resolution opposing passage of the bill. Motion to approve the resolution as presented-Dillard; second-Stanwick, carried with all ayes. 4.0 DISCUSSION ITEMS 4.1 Consideration of approval of an agreement with Hunter Lambert/ Associates for design of traffic signal modifications at Saldafia the intersection of Cougar Alley and Main Street Mayor Manning and the city engineer stated this is a very dangerous intersection. Mr. Saldafia said adding a left turn arrow will help the traffic flow through this area. Mr. Lambert asked if the council wanted to do a budget amendment now or put it in the 2000-2001 budget. He stated this would be eligible to be paid from impact fees. Council directed Mr. Lambert to bring a budget amendment to them on the June 5, 2000 agenda. With no further business to address, Mayor Manning adjourned the meeting at 9:55 p.m. William . Manning, l~ayor - ATTEST: Patti A. Hicks, TRMC/CMC/AAE City Secretary 10