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HomeMy WebLinkAbout07/03/2000 City Council 00738 7/3/00 MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON JULY 3, 2000 The REGULAR SESSION of the CITY COUNCIL of the City of The Colony, Texas was called to order at 7:00 p.m. on the 3ra day of July 2000, at CITY HALL with the following roll call vote: William W. Manning, Mayor Absent (Family emergency) John Gordon, Councilmember Present Lewis Jue, Councilmember Present David Stanwick, Councilmember Present Al Garcia, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmcmber Present and with six present, a quorum was established and the following items were addressed: 11.0 I ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: I Invocation - Church of Christ - Sherman Garner Pledge of Allegiance to the United States Flag Salute to the Texas Flag 1.1 Citizen Input Richard Kuether, 4109 Driscoll, advised the council that he had a prepared, written statement to make to the Mayor and the council, but since the Mayor was out, he would wait and present it at a later date. Oma King, 5052 Arbor Glen, addressed the council regarding several items: · The weeds in the field behind her house are as tall as a person. The Inspections Department is not doing their job and she asked that the council be sure there is money in the budget next year for proper maintenance of this field and for Inspections Department to operate. · She thanked the council for the speed humps in her alley. · She asked what to expect with the new street lighting, stating that she does not understand all the technical terms in the ordinance. · She advised the drainage area on Arbor Glen needs to be more closely maintained. · When she goes to the web site listed on Channel 6, she finds nothing. She said if she goes to the Lewisville (web) site, it lists the former Mayor and council. · Exhibits shown on the overhead projector do not show up well on Channel 6 (for the home viewers). I2'0 t CONSENT AGENDA I 2.1 Consideration of approval of the minutes of the council meeting held June 19, 2000 (Devlin) Motion to approve the minutes as written-Garcia; second-Stanwick, carried with all ayes. 2.2 Consideration of authorizing expenditure of funds for intersection improvements at Keys Drive and North Colony Blvd. (Garcia) Motion to approve the expenditure as recommended-Garcia; second-$tanwick, carried with all ayes. 7/3/00 2.3 Consideration of approval of a resolution authorizing the city manager to enter into an agreement with the City of Lewisville concerning common boundaries and extraterritorial jurisdiction along State Highway 121 (Lambert) Motion to approve the resolution as written-Garcia; second-Stanwick, carried with all ayes. 3.0 I REGULAR AGENDA: I 3.1 Public Hearing regarding the submission of an application to the Texas Department of Housing and Community Affairs for a Texas Community Development Program grant for improvements in the Eastvale Subdivision and consideration of authorizing submission of the grant application requesting $250,000 matching funds or $50,000, which is 20% of the grant total (Lambert) Mayor Pro-rem Dillard opened the public hearing. Mr. Lambert gave a brief background on this request, stating we had applied unsuccessfully in the past. He stated this application would be for street improvements in the Eastvale subdivision. Mayor Pro-tem Dillard advised that he had made a grant presentation a few years ago and discovered at that time that The Colony is considered a wealthy city compared to some cities that have nothing. He recommended applying for the maximum amount. Mr. Lambert stated an action item would be on the agenda next meeting. There being no further comment, Mayor Pro-tern Dillard closed the public hearing. 3.2 Consideration of approval of a Development Plan for a 25.86 acre tract located in Planned Development "PD-16", located north of SH 121, south of Memorial Drive and east of Paige Rd. (Persaud) Mr. Persaud gave a summary, stating the plan includes the 13.42-acre site for the Home Depot store and two other lots on SH 121, which are reserved for future retail uses. He said there is a 250' strip on the east side of Tract A reserved for future retail development. Mr. Persaud advised that P&Z has reviewed and does recommend approval. Discussion followed regarding the median cut. Mr. Persaud advised it is safer than the one first planned and Councilmember Stanwick stated it allows for mutual access. Councilmember Stanwick asked ifr-o-w was in place for future 8 lanes on Paige Rd and Mr. Persaud advised that it is included. Motion to approve the development plan as presented-Stanwick; second-Kovatch, carried with all ayes. 3.3 Public Hearing regarding request for a Specific Use Permit to allow for open storage (with visual screening) in the Planned Development District "PD-16" in the Home Depot Center Addition, located at the northeast corner of Paige Road and SH 121, and consideration of approval of an ordinance granting the Specific Use Permit (Persaud) Mayor Pro-rem Dillard opened the public hearing. Mr. Persaud gave a background of the request for a Specific Use Permit to allow open storage, with screening on Tract A. He said the plans meet all requirements of the city and that P&Z had reviewed and recommended approval. Mayor Pro-rem Dillard closed the public heating. Motion to approve the ordinance with P&Z and staff stipulations-Kovatch; second-Gordon, carried with all ayes. 3.4 Consideration of approval of an amended site plan as requested by U.S. Restaurant Properties, Inc. for a convenience store, restaurant and a car wash located at the northwest corner of Morning Star Drive and SH 121 (Persaud) 2 0073 9.:_ 7/3/00 Mr. Persaud advised the council that the developer of this tract wishes to enlarge the development by adding a convenience store, restaurant and car wash. Mr. Persaud further advised that lighting on this site meets the standards that the city has approved in other similar projects. Motion to approve the site plan with P&Z and staff stipulations-$tanwick; second-Gordon, carried with all ayes. 3.5 Public Hearing regarding amendment to the concept plan for Planned Development "PD-8" for 10.58 acres currently designated as a school site and proposed for Single Family use, located west of Etheridge Drive and north of Stewart Boulevard(Persaud) Mayor Pro-tem Dillard opened the public hearing. Mr. Persaud advised that LISD no longer needs this tract for a school site and the developer is re-purchasing the land from LISD. The developer now wishes to build homes on the property. Mr. Persaud stated that Mr. Rusty Nichols, developer, could not be present for the hearing and that staff recommends the council continue the public heating to the next regular council session so the developer can be present. Bemetta Henville-Shannon, 4156 Ballard Trail, asked if the Thoroughfare Plan has been amended since 1999 and Mr. Persaud advised it has not been. Richard Kuether, 4109 Driscoll, asked how many homes would be built on the site. Mr. Persaud advised the conceptual plan calls for 43 homes, but that could change. Motion to continue the public hearing to July 17, 2000-$tanwick; second-Kovatch, carried with all ayes. 3.6 Consideration of approval of a site plan for Minassian Tire Shop, located on a 0.561 acre tract situated on the east side of Main Street and north of Lake I-Iighlands Drive (Persaud) Mr. Persaud advised the applicant is requesting approval of a site plan for a 4000 square foot tire shop. Staff and P&Z recommend approval. Motion to approve the site plan as presented-Gordon; second-Kovatch, carried with all ayes. 3.7 Public Hearing regarding an ordinance amending the Comprehensive Zoning Ordinance Appendix A-Zoning of the City of The Colony by amending Subsection 17-107 (B) (4) relating to the horizontal illuminance of under canopy lighting for service stations and Consideration of approval of the ordinance as presented (Persaud) Mayor Pro-tem Dillard opened the public hearing. Mr. Persaud advised the council that these amendments are needed to make the recently passed ordinance setting lighting standards better suited for our community. Brief discussion regarding how these amendments affect the area around a site. Mr. Persaud said the lighting would be the same as that found at the Diamond Shamrock at the comer of North Colony Blvd. and Main St. Councilmembers Stanwick and Kovatch both noted that the intensity of the lighting drops office dramatically at the outside edge of the canopy. Mayor Pro-tem Dillard closed the public hearing. Motion to approve the ordinance as written-Stanwick; second-Kovatch, carried with all ayes. 3.8 Public Itearing regarding an ordinance amending the Comprehensive Zoning Ordinance Appendix A-Zoaing of the City of The Colony by providing a new Subsection 17-106.1 requiring a minimum masonry content for exterior walls of buildings and structures located in the multi-family and non-residential districts and consideration of approval of the ordinance as presented (Persaud) Mayor Pro-tem Dillard opened the public hearing. Mr. Persaud advised this ordinance covers non-residential construction, stating that residential construction standards have been in place for some 00739c 7/3/00 time. He said that P&Z recommends 75% masonry content. Councilmember Stanwick noted that the 121 Gateway Overlay ordinance requires masonry so this is to cover the rest of the city. Mayor Pro-tem Dillard closed the public hearing. Motion to approve the ordinance as written-Stanwick; second-Gordon, carried with all ayes. 3.9 Consideration of approval of a Change Order to BCI Utility Construction, Inc. contract for two water line lowerings on Worley Drive (Saldafia) Mr. Saldafia said there might be other change orders on this contract as the project moves forward because the contract is based on estimated quantities, which are not known until the contractor begins work. Mr. Saldafia said staff recommends the change order in the amount of $4700, but does not recommend the addition of two days. Motion to approve the change order for $4700 and not to approve the additional two days- Kovatch; second-Garcia, carried with all ayes. 3.10 Public Hearing regarding the proposed County Development District//5 (Council) Mayor Pro-rem Dillard opened the public hearing. He then commended the committee for their hard work on this issue. Councilmember Stanwick, committee chairman, thanked the city attorneys for their many hours spent on this project. Councilmember Stanwick advised the following major points were of concern and have been resolved: 1. The disannexation is for 90 days, not multiple years. The re-annexation is to be completed in 90 days. 2. We received the petition for re-annexation in city hall today. 3. The developer and/or the CDD//5 cannot obligate the city to additional debt. 4. The golf course is not a part of the CDD. Councilmember Stanwick continued stating he was asked by County Commissioner Sandy Jacobs to serve on the Board of Directors for CDD#5 as the representative of the city. The County Commissioners have approved that appointment. He also thanked the committee members for their work on this matter. Mayor Pro-tern Dillard recognized the following persons for their participation in the negotiations: Jack Matthews, Tim House, Don Blackwood, Kristian Teleki, Frank van Court, Sandy Jacobs, Jeff Krueger, and Tiffany Haertling. Nancy Shaw, 5740 Perrin, said a CDD is designed to help counties under 400,000 in population. She stated that Denton County is over 400,000 and that she thinks they are trying to slip this in before the new census numbers come in. Councilmember Stanwick said population figures are notoriously wrong, but advised that the CDD is a county issue and if the County has certified the numbers then the city has to trust their judgement. He said the population numbers would not be in until April of 2001. Bernetta Henville-Shannon, 4156 Ballard Trail, said she attended the February 2000 county commissioners' meeting and that they acknowledged the population exceeds 400,000, but agreed to use old numbers. Ms. Henville-Shannon expressed concerns about the following matters: · Do we have the re-annexation petition in hand? · Mr. Lambert's cost estimates for fire trucks and ambulance are low and should be increased to include inflation. · Is there a construction schedule for the hotel? · Recommend the city hire their own surveyor. · Do we have a map showing the new boundaries besides the development plan? · Who holds the debt? 4 00?'890 7/3/00 Mr. Lambert responded stating we have received the re-annexation petition; the agreement will be a fluid document and the numbers will be looked at again in the future; the development plan is just a conceptual long range plan; we do not have a new map showing boundaries. Richard Kuether, 4109 Driscoll, said he thinks this action will conflict with the city's charter because it states that land to be disannexed should be .... "not suitable or necessary for orderly planning and development of the city". .... Mr. Kuether asked what the city plans to do with all the money that will come from the CDD #5. He further asked if the 90-day disannexation/re-annexation is legal. Ms. Haertling, city attorney, said there is no infrastructure on the property, therefore, disannexing the property for the purpose of forming the CDD will help with the orderly planning of the property. She said both actions are legal. Joe McCourry, 5760 Bedford, thanked the committee for their work and asked if the plans for the development of the CDD will come through the city. Councilmember Stanwick advised this development would be handled just like any other development in the city. Nancy Shaw, 5740 Perrin, asked if the property along the shoreline would be closed to the public after development. Mayor Pro-tern Dillard advised that the Corps of Engineers require a certain portion of the lake shoreline to be public, although some may indeed be private. Councilmember Stanwick said there are no plans for The Tribute to become a private golf course and that this will not be a gated, exclusive community. Councilmember Kovatch said we have always looked for ways to develop the city without cost to citizens and the CDD provides a way to do that. He said the city is not responsible for any debt. He said the city attorney was to have a surveyor validate the metes and bounds. He also asked if language should be added about "who pays for debt" after the CDD is dissolved. Councilmember Kovatch noted that paragraph 18 should not read "Mayor" and that clubhouse should be added to paragraph 30. Councilmember Kovatch continued stating he was concerned about the speed, in which we have moved and asked the council to consider waiting before taking action. Richard Kuether, 4109 Driscoll, asked how the city plans to use the anticipated windfall. Mr. Lambert said he hopes the project will be worth one billion dollars in 10 years. He said there are no immediate plans for use of the money. He further advised that we anticipate $150,000 a year from the golf course and club house and $100,000 ad Valorem tax increase. He said the money would be used to provide city services. Mayor Pro-tem Dillard stated that the city has worked for several weeks on this issue, noting this has not been a short time table. He said in the past, we have lost developers because we drug our feet. Mr. Lambert agreed, stating that staff has worked on the CDD proposal for about 9 months. Councilmember Kovatch said part of our windfall would come in the form of savings on capital that the CDD would provide. Mr. Johnston, Interim EDC Director, said we have been working on the CDD for almost a year, and the city spent over 10 years to get a golf course. He said the land is just vacant and not benefiting anyone, the CDD allows development of the property. Nancy Shaw, 5740 Perhn, asked who is responsible for the debt. Councilmember Stanwick said the CDD is responsible for the debt until it is paid (in full). Ms. Shaw asked the council to hold the hearing open until the next council meeting. Mayor Pro-tern Dillard said he and Councilmember Stanwick asked for this public hearing, noting it is not a required public hearing. He said we would not hold it open. Councilmember Garcia said he did have mixed feelings, but that he is comfortable now with the recommendation of the committee and the city attorney. He said this would allow us to move ahead at the speed requested. City Attorney, Tiffany Haertling, responded to the questions that had been asked as follows: 1. The re-annexation petition is in-hand, appropriate and legal. She recommends the city accepts the petition and begin re-annexation proceedings in the next few weeks. 2. A construction schedule is not available. One is not required and the developers did not want to spend the money until they knew the CDD would be approved. 7~3~00 3. A surveyor could not be hired in such a short time frame, but she assured council that the metes and bounds for the disannexation and the annexation are identical. She said she does not believe there are any gaps, but if some are found, the city will have to take action again on these items. 4. A new map with new boundaries is not available at this time. 5. CDD #5 is responsible for all bonds. 6. Hotel/motel revenue is required to pay off the debt of the CDD, and that is why the contract refers to the CDD receiving that revenue until the "dissolution of the CDD". 7. Paragraph 18. Mayor should read City Manager. 8. Paragraph 30. The developer asked for that language and clubhouse can be added. Mayor Pro-tem Dillard closed the public hearing. 3.11 Consideration of approval of a resolution authorizing the Mayor Pro-tern to enter into a Developer's Agreement with Wynnwood Peninsula, Ltd. for a 605.795 acre tract of land general located in the northwest portion of the city, on Wynnwood Peninsula, west of FM 423 and south of Boyd Road Motion to postpone to July 10, 2000 by Kovatch died for lack of a second. Motion to approve the resolution, amending paragraph 18 and 30 of the agreement as recommended-Gordon; second-Stanwick, carried with all ayes. 9:20 p.m. Mayor Pro-tem Dillard called a recess. 9:35 p.m. Reconvene 3.12 Public hearing regarding the disannexation of property owned by Wynnwood Peninsula Ltd., located generally in the northwest portion of the city, on Wynnwood Peninsula, west of FM 423 and south of Boyd Road and consideration of an ordinance disannexing said property (Council) Mayor Pro-tem Dillard opened the public hearing. Tiffany Haertling noted some amendments to be made to the disannexation ordinance included in the council packet. There being no further comments, Mayor Pro-tem Dillard closed the public hearing. Motion to approve the ordinance as amended-Stanwick; second-Garcia, carried with all ayes. 3.13 Consideration of authorizing the delivery of agenda packets to Couneilmembers (Manning) Mayor Manning requested that due to his absence this item be postponed. 3.14 Presentation of the 2000-2001 Municipal Budget (Lambert) Mr. Lambert stated that due to the late hour, he would postpone his presentation until the first work session, which staff is requesting to be held July 10, 2000. The preliminary budgets were handed out to council and the work session was set for July 10, 2000. I 4.0 DISCUSSION ITEMS [ 4.1 Review of items necessary to complete the city hail/library project (Hicks/Johnston) City Secretary, Patti Hicks, and Finance Director, Tony Johnston, presented a list of items necessary to complete the city hall/library facility. These are items that were not completed due to a 00739 ? 7/3/00 shortfall in the building fund. Ms. Hicks advised that some of these items were not absolutely necessary for operations, but some were crucial. She further stated that this is not necessarily a request for funding immediately, but a request for direction from the council whether to proceed now, place these items in the 2000-2001 budget or disregard them altogether. I Concrete or stones for patio area at north side door. II Awnings over library book drops, utility drive-through windows, back doors and north side door. A. ' Utility Drive-through and Library - $1900 to $7500 B. North Exit Door to Patio - No quote at this time - Est. $950 to $3750 based on above proposals III. Security system for building - $15,000 estimate. This is a rough estimate. Officer Mark Phillips worked with me to contact companies for surveys, etc. More research and work will have to be done before we decide on the appropriate type of security system. IV. Storage area in dock. $650.00 V. Blinds in lounge - $250.00 VI. Bollards around front entrance. 6 ~ $250.00 + shipping. Total estimated cost $2000.00 VI. Additional Bulletin Board for posting personnel openings and other public notices. Cost is $372.00 + shipping. (BT Miller QRT01265 34"x47") VIII. Additional artwork - The artwork in the building now was just a beginning. Staff would like to complete the project. Estimated cost - $2000.00 XI. Additional signs A. Large sign over the library entrance like the Water and Inspections signs. $48.00 B. All Deliveries in Rear. We would like for all deliveries to come in the back door or the dock door. - $35.00 C. Please check with the Receptionist. - $25.00 D. Monument Sign at comer of North Colony Blvd. & Main St. - $5000.00 estimate E. Circular logo at the top of the building. After brief discussion, council agreed that awnings over the drive-through window in Utility Admin. and over the book drop were needed now and directed staff to bring the proposals back to the council for approval. Council further directed staff to seek proposals for a security system. The other items in the list will be presented in the 2000-2001 budget process. Mayor Pro-tem Dillard asked the status of the audit which council requested in April. Mr. Lambert said he had not had it done as of this time. Mayor Pro-tem Dillard directed Mr. Lambert to bring proposals for the audit to the council at the next meeting. 4.2 Conference Center Renovation - Cost estimates for raising the roof and adding a stage (Nelson) Ms. Nelson received estimates based on council request for adding a stage to the conference center and raising the roof. Council discussed the alternates provided and asked Ms. Nelson to get more 7/3/00 information, specifically, the cost to put in a stage without raising the roof. This will be back on the July __ 17, 2000 agenda. 4.3 1999 Thoroughfare Bond Program, Phase II - Paige Road (Lamber0 Council discussed this phase of the bond program. Councilmember Stanwick suggested that it might not be beneficial to widen N. Colony from Main to Keys. Councilmember Kovatch recommended taking this next issue to the voters before issuing the bonds. Council directed staff to seek Request for Qualifications for engineering services. With no further business to address, Mayor Pro-tern Dillard adjourned the meeting at 10:25 p.m. APPROVED: hn Dillard Mayor Pro-tem ATTEST: Patti A. Hicks, TRMC/CMC/AAE, City Secretary