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Home My WebLink About10/09/2000 City Council10/9/00 CITY OF THE COLONY DENTON COUNTY, TEXAS OCTOBER 9, 2000 The SPECIAL SESSION of the City Council of the City of The Colony, Texas, was called to order at 7:05 p.m. on the 9~ day of October 2000, at City Hall with the following roll call: William W. Manning, Mayor Present John Gordon, Councilmember Present Lewis Jue, Councilmember Absent David Stanwick, Councilmember Present A1 Garcia, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Absent and with five present, a quorum was established and the following items were discussed: 1.0 WORK SESSION ITEMS: 1.1 Discussion regarding participation in the cause of action styled The City of Denton, Texas vs. Texas Utilities Company and Lone Star Gas Company (Lambert/Johnston) Mr. Lambert advised that the cost estimates given to the council on October 2, 2000 were wrong. He had stated the cost would be a maximum of $2000 but actually the minimum would be $2000 and the maximum would be $.50 per capita. He said using the estimated population of 30,000, the cost could be $15,000. Cheryl McKinnis, TXU representative, addressed the council stating that TXU had reviewed the Denton numbers and that TXU doesn't believe they owe any additional fees. MsMcKinnis said the consultant advising Denton is seeking taxes on taxes. She said the Denton case does not parallel the Houston Light & Power case as has been suggested and that they (TXU) do not believe it is in the best interest for the cities to join in this law suit with Denton. Mr. Tony Johnston said he attended a meeting at COG regarding this matter and it appeared that the items comprising gross receipts have changed. He said the city might recoup some lost revenues. He said the audit would determine if any fees had been lost over the last year. The council discussed the decrease in TXU fees over the last few years. It is very possible that the decrease is due to CoServ coming into the city and serving newer developments instead of TXU. Ms. McKinnis said TXU is a reputable company that pays all the fees they are required to pay. Councilmember Gordon questioned the payment of $15,000 to recoup $25,000. Mr. Johnston reminded council that we might not recoup anything. Mr. Lambert said the audit we have authorized would determine if any fees have been lost over the last year and the lawsuit audit is seeking underpayment over the past several years. Consensus of the council was to wait until the audit of our city's franchise fees is done b~e seeking any reimbursement. If necessary the city can file for lost fees on its own in the future. 2.1 Consideration of an ordinance authorizing participation in the cause of action styled The City of Denton, Texas vs. Texas Utilities Company and Lone Star Gas Company (Lambert/Johnston) 10/9/00 Motion to decline participation in the lawsuit- Garcia; second- Dillard, carried with all ayes. 1.2 Discussion of alternatives for right of way acquisition along South Colony Blvd. east of Paige Road to Legend Trails 1 (Salda~a) Mr. Saldafia presented four alternatives to provide a four-lane roadway: Alternative A requires a 14-ft wide strip of land be acquired as R.O.W. on the north side of South Colony Blvd., an existing 50-ft. and then 20-ft. R.O.W. (fronting Nick's Sports Grill and then Herrera's/Larry's, respectively). Estimated cost - $154,000. Alternative B does not require R.O.W. acquisition. It requires paving of South Colony Blvd. in phases to keep traffic flowing. It provides a direct left turn movement off the eastbound lanes to Nick's & Larry's and a common access easement at Nick's east drive would provide a left turn lane movement for Herrera's. Pavement would be required for connecting Herrera's parking area to Nick's at an estimated cost of $35,000. Alternative C does not require R.O.W. acquisition, but it will require paving of South Colony Blvd. in phases. Driveways would also be constructed in phases. It provides a shared direct left turn movement off the eastbound lanes to Herrera's and Larry's, but does not provide a left turn movement for Nick's. Vehicles exiting Nick's to go eastbound would exit at Nick's most northern driveway and proceed southbound on Paige Rd. then left at the intersection. Alternative D is like C except it would utilize a continuous left turn lane without medians. This is a very dangerous solution, which does not work well in high traffic areas such as this roadway. Mr. Saldafia and other staff members recommend Alternative B. Mayor Manning asked how we would ever be able to construct a six-lane roadway if deemed necessary in the future. M~aldafia said staff had discussed this and when businesses change ownership, etc. the city can then require R.O.W. by platting. Mayor Manning said if it is proven that Larry's generates enough traffic to warrant a six-lane roadway, then the city will have to purchase the R.O.W. from him. Mayor Manning asked if any work had been done regarding changing the alignment by going south. Mr. Saldafia said the alignment has been in place for several years. There are 4 inside lanes (of a future 6-1ane roadway) west of this intersection and to the east of this location the outside lanes are already under construction. The property has already been platted and approved. He said to go south would require swinging the roadway down and back up in a very short distance. He reiterated the lots to the south have also been platted. Mr. Saldafia said he does not thinkSouth Colony will need to be six lanes for at least 10 years. Mayor Manning asked if the city could acquire the vacant land just east of Larry's and make it available for off-site parking. He said if we do that then we could go ahead with the six-lane alignment. He said the city created this problem many years ago and now we need to correct our errors. Councilmember Stanwick agreed with trying to acquire the land for parking, but said we need to choose one alternative tonight so Intermandeco can continue with construction. He said a six-lane alignment would require 30-ft R.O.W., decreasing the parking and driveway for Larry's considerably. The city would have to offer parking mitigation. Following lengthy discussion, property owners and Councilmembers were asked their preferences. Jim Herrera prefers Alternate C; David Simmons (Nick's) prefers Alternate B; Mayor Manning, Councilmembers Gordon and Stanwick prefer Alternate C. Harry Persaud stated that Alternate C is probably the most prudent at this time, agreeing that staff should do research regarding ~long term solution. Mayor 2 10/9/00 Manning said if we find we need another median cut we could add that at a later time. 2.2 Consideration of authorizing staff to proceed with right of way acquisition along South Colony Blvd. east of Paige Road to Legend Trails I and consideration of authority to proceed(Saldana) Motion to authorize staff to proceed with Alternate C and to direct staff to proceed with pursuing acquisition of property and steps necessary to prepare a long term plan - Stanwick; second- Garcia, carried with all ayes. 1.3 Discussion of Homeowners' Associations and relationship with the City (Council) Mayor Manning said the city needs a plan in place regarding how to deal with Homeowners' Associations. He asked for a committee to review the issues and recommend a long-term procedure to the council· He said in the immediate future there is a problem with the wall along FM 423 in the Ridgepointe subdivision· The Ridgepointe Homeowners' Association membership does not want to continue maintaining the wall. Mayor Manning reminded council that the city required the wall and that it is largely on city R.O.W. After discussion, council consensus was that a committee was not necessary, the city should take over maintenance of the wall in Ridgepointe, the city will not maintain the landscaping in the area of the wall, staff will prepare a recommended policy for handling Homeowners' Associations in the future. Mr. Persaud will contact the Ridgepointe Homeowners' Association and inform them of the city's plans. With no further business to address, Mayor Manning adjourned the meeting at 9:00 p.m. AP2OVED: · ' . .'ng, Mayor ATTEST: Patti A. Hicks, TRMC/CMC/AAE City Secretary