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HomeMy WebLinkAbout09/18/2000 City Council 9/18/00 MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 18, 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 18th of September, 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, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with seven present, a quorum was established and the following items were addressed: 11.0 I ROUTINE A Ot CEMENTS, m COGmTIONS PROCLA _ATIONS= Call to Order Invocation - Bob Evans, Holy Cross Catholic Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Mayoral proclamation: Law Suit Abuse Awareness Week 1.1 Citizen Input 12.0 I CONSENT AGENDA 2.1 Consideration of approval of the minutes of the council meetings held September 11, 2000 (Hicks) Motion to approve- Dillard; second- Garcia, carried with all ayes. 2.2 Consideration of a resolution amending the Investment Policy for the City of The Colony (Johnston) Motion to approve- Dillard; second- Garcia, carried with all ayes. 2.3 Consideration of a resolution authorizing an Agreement between the City of The Colony and The Colony Community Development Corporation for the provision accounting services relating to capital projects (Johnston/Nelson) Motion to approve - Dillard; second- Garcia, carried with all ayes. 2.4 Consideration of a resolution requesting the United States Senate to approve the Conservation and Reinvestment Act [CARA] (Nelson) Motion to postpone - Dillard; second- Jue, carried with all ayes. 2.5 Consideration of acceptance and award of bids to Red River Construction Co. in the amount of $42,500 for six actuators and one compressor for the Wastewater Treatment Plant and approval of an ordinance authorizing contract for same (Sparkman/Chutchian) Motion to approve- Dillard; second- Garcia, carried with all ayes. 9/18/00 2.6 Consideration of a resolution requesting the City of Dallas to protect and raise the level of Lewisville Lake (Council) Motion to approve - Dillard; second- Garcia, carried with all ayes. 2.7 Consideration of approval of council expenditures (Council) Motion to approve - Dillard; second- Garcia, carried with all ayes. 13,0 I R GVLAR AGENDA: 3.1 Consideration of approval of an ordinance authorizing the city manager to enter into an escrow agreement with The Legends Partners, Ltd. for completion of Memorial Drive in the Legend Bend, Phase H development (Persaud) Councilman Stanwick questioned #7 of the Escrow Agreement and suggested the following phrase be deleted "...perimeter road requirements or other similarly related issues;". Motion to approve as amended- Stanwick; second- Kovatch, carried with all ayes. 3.2 Consideration of approval of an ordinance authorizing the city manager to enter into a developer's agreement with D.R. Horton for installation of a waterline in the Legend Crest Phase H development (Persaud) Motion to approve- Dillard; second- Gordon, carried with all ayes. 3.3 Consideration of approval of an ordinance authorizing the city manager to enter into a developer's agreement with Legend Partners, Ltd. for reimbursement of certain drainage impact fees for the Stream SC-lA watershed (Persaud) Motion to approve - Stanwick; second- Dillard, carried with all ayes. Mayor Manning requested that any interested citizens complete a Citizen Input Form and turn in to the City Secretary prior to addressing the next item. He then left the meeting at 7:15 p.m. 3.4 Consideration of approval of an ordinance granting 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 and Multi Family MF uses on a 329 acre tract situated south of SH 121 and west of the Railroad (Persaud) Harry Persaud, Planning Director, gave an overview of the request for re-zoning. He explained that Councilman Kovatch had compiled questions pertaining to the process, staff had responded and copies were located in the lobby. Bill Dahlstrom, Jenkens & Gilchrist, representing the owner, explained their concept of the development. He said they wanted to target Fortune 500 companies to relocate to this area. Henry Guthard, architect representing the Maharishi Global Development Fund (MGDF), explained that the owners want the best modem communications building in the world. They want this development to be the standard for ecological excellence, however, the building is not yet designed so they are uncertain as to how tall it will actually be. They are requesting 44% reflectivity. The average for most high-rise buildings is 41%. Henry Billingsley, 2200 Ross Ave., Dallas, TX, explained that this project will have a long-term effect on his property. His major concern is the location of Headquarters Dr. He will begin another corporate headquarters project within the next 60 days and the road's location will 9/18/00 be a major factor. He is also concemed with the level of reflectivity and would like to see some kind of presentation on the funding of this project. Richard Kuether, 4109 Driscoll Dr., is also concerned with the reflectivity issue and doesn't want to see a tall building in the distance of our community to spoil aesthetics. Sharon Ellis, 5217 Arbor Glen, doesn't want to see an obstruction on the skyline. She noted that the MGDF has started other project that have not been finished. She is also concerned with the density and doesn't want overcrowding. She informed the Council that the MGDF has not contacted the F.A.A. concerning height restrictions and believes this project could be a "towering inferno". Dan Lydick, P. O. Box 972, Carrollton, 75011, requested the Council vote no on this rezoning and asked if The Colony could recover if the project failed. John Ellis, 5217 Arbor Glen, is concerned since the height has not yet been determined. He said there is a lot of uncertainty regarding this project and nothing the MGDF has planned has ever been built. He advised Council not to proceed without getting all the facts. Bemetta Henville-Shannon, 4156 Ballard Trail, asked how the project might change the Comprehensive Plan. She asked if any traffic studies had been conducted. Harry Persaud explained that the City does have height restrictions in place except for BP (Business Park) and that is regulated by the F.A.A. No applications have yet been filed with the F.A.A. on this project pending zoning approval. The maximum is 200 fi. unless a variance is allowed by the F.A.A. Heather Luce, 5805 Bentley Ln., applauds the technological and ecological efforts of the MGDF but doesn't understand why they can't complete a project with the current zoning without changing the density. She advised the Council to vote no. Paul Kramer, 2014 Ash Hill, Carrollton, noted that he has never seen such little information offered on a project this size at this stage. He added that a lender would say this was not economically feasible. He is concerned with utility interruptions during the construction phase and wonders if the school system could handle the influx. Donna Whiteley, 4245 Fryer St., thanked Councilman Kovatch for the question and answer information provided and asked if taxes would be lowered with the new revenues created by this project. She advised Council to vote no. Mayor Pro-Tem Dillard responded that impact fees are paid and that City funds would not be used for this project. Henry Guthard, architect, responded to the citizens, that his firm has done their homework and knows the limitations of the F.A.A. He explained that they can't design the building until the zoning is established. Regarding questions about fire safety, trained staff would be provided by the MGDF. City firefighters would not be depended upon. The next phase will be the design concept. Discussion followed regarding proposed uses for the building, population estimates and possible square footage. Councilman Kovatch expressed concern that the MGDF could not offer any finished projects as an example. Mr. Guthard responded that his firm designed the World Trade Center and other similar projects and that's why the MGDF retained them for this project. Councilman Kovatch asked if the project is restricted by the F.A.A., would the project be abandoned. Mr. Guthard responded that he believes everything will proceed accordingly depending on the zoning. Discussion followed regarding reflectivity and other comparable buildings. It was determined that there are no existing buildings of the proposed size and reflectivity with which to compare. Councilman Stanwick expressed concern that MGDF is requesting zoning and will later come back with details. It would better serve the City to present details and then request the zoning change. Mr. Persaud added that the City can add the stipulation that if in five years there is no substantial construction, the City can rezone the tract. Councilman Garcia expressed his desire for public meetings to inform the citizens of the progress of the project. Mayor Pro-Tem 9/18/00 Dillard explained that if the zoning change is approved, the Council could still deny the project at the site plan stage based on building design. Mr. Billingsley added that the details for Headquarters Dr. still need to be worked out. He suggested coming back to Council in 30 days with more details. Mr. Guthard responded they could not possibly have a design concept complete in 30 days. That would not allow enough time for geological and/or traffic studies which would affect the design. Mr. Persaud explained that if the zoning is denied, the developer can refile or abandon the project. Mr. Guthard noted that if the zoning cannot be provided, the project would move to an alternate site. Motion to deny change in zoning - Stanwick; second - Kovatch, carried with the following roll call vote: Gordon - yes Jue - yes Stanwick - yes Garcia - no Dillard - no Kovatch - yes With no further business to address, the meeting was adjourned at 9:50 p.m. APPROVED: ' ~Vflllam-'~. Manning, Mayor - ~ ATTEST: "l~'~thann Deqlin, DepUty citY Secretary