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HomeMy WebLinkAbout08/01/2005 City Council August I, 2005 MINUTES OF REGULAR SESSION OF COUNCIL I HELD ON AUGUST 1, 2005 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 1st day of August 2005, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Absent (Business) Allen Harris Councilmember Present Scott Ward Councilmember Present Joe McCourry Mayor Pro-tem Present Kirk Mikulec Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with six council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: I Call to Order Invocation - Colony Church of Christ Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Asma Dadabhoy-Khan told the council that in the future she would like to open a home for battered women, in her home, and asked if they might consider some rezoning to allow for it. Announcement of upcoming civic events and activities 1_ Kelly Selman, TxDot district engineer for Collin County, updated the council on the S.H. 121 Tollway project. He said the eastbound service road is almost complete and they plan to move traffic over to it on August 13th. With this road opening from the by-pass bridge to the Dallas North Tollway, the project is about 27% complete. After August 13t\ the westbound service road construction will begin and will take about one year to complete. Councilmember Marks voiced his concern over the traffic congestion in and out of our city. He asked if the traffic lights might be adjusted, or if adjustments can be made to the schedule for intersection work. Mr. Selman advised he will set up a meeting with city representatives and the traffic signal engineer from Lewisville who is responsible for The Colony's lights. (Mr. Cheatham added that TxDot contracts with cities with populations over 50k for traffic light work.) Public Works director Steve Eubanks said that there is a complete 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. I 1 August 1, 2005 timing study in process by Kimley-Horn that should be complete soon. Mr. Selman also said that in the future they will alternate intersections rather than work on them all at the same time. He also said the main lanes of the tollway project should be complete by April 2008. 12.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meeting held July 25, 2005 (Wilson) 2.2 Consider approval of a resolution nominating Paul Koenig to serve as a member of the Denton County Appraisal Board (Council) 2.3 Consider approval of a change order to the engineering services contract for easement preparation at the proposed Southern Pump Station Facility (Scruggs) 2.4 Consider approval of a resolution authorizing a rental contract for Public Works equipment (Eubanks) 2.6 Schedule a budget work session for August 8, 2005 at 6:30 p.m. (Koo) 2.7 Consider approval of an ordinance scheduling a public hearing on August 15, 2005 regarding the proposed municipal budget for 2005-2006 (Koo) Motion to approve above consent agenda item-Marks,. second by Schrag; motion passed with all ayes. Councilmember Marks asked for item 2.5 to be addressed separately. 2.5 Consider approval of a resolution awarding bid and approve construction contract for trail lights at Five Star (Fitzgerald) Councilmember Marks asked Sam Fitzgerald to clarify where the funds were coming from to pay for the lights. Sam advised the funds were coming from the Community Development Corporation (4B) funds. Councilmember Ward asked for the locations and number of lights. Sam said eleven lights will be added to existing light poles. He also added that there should be no added glare to the adjacent homes on Arbor Glen. Mayor Pro- Tem asked for item 2.8 to be moved to the Regular Agenda and is addressed as item 3.6 13.0 1 REGULAR AGENDA ITEMS 1 3.1 Consideration of a Site Plan for Trinity Presbyterian Church, being a 4.502-acre tract located on Lot 1, Block 1, Trinity Presbyterian Church Addition. The subject tract is located on the south side of Nash Street east of Main Street and west of Mayes Place (SP05-010, Bateman) Planning Director Donna Bateman reviewed the site plan and advised the council this is an eight thousand square foot expansion. She added that Planning and Zoning Commission approved it with three stipulations, one being a two-phase landscape plan to be completed in three years. The remaining stipulations are for building plans to be approved prior to issuance of a building permit and also that the lighting not extend -- beyond the property lines or produce a glare to adjacent uses. 2 August I, 2005 Citizen Steve Thomas who was representing the church, voiced his concern over the I wording of P&Z recommendations on landscaping and the lighting. He suggested the wording was vague and suggested both be changed to reflect the 'Code of Ordinance requirements' . He also added there are plans for more expansion in the future. Considerable discussion followed regarding the easements along F.M. 423 and the future widening of that road. City Engineer Gordon Scruggs advised the council that TxDot has already acquired a wider right of way in this area and he believes it unlikely they will need anymore. Citizen Mike Lynch said that he believes the second phase of landscaping will fall within the F.M. 423 right of way. Donna added that the three-year phased in landscaping has not been done before. City attorney Bob Hager said the church would get reimbursed for any landscaping taken in the right of way. Councilmember Ward added that council did not approve a prior similar request for Austin Ranch. Motion to approve without the phased in landscaping- Harris; second by Mikulec; motion passed with all ayes except for McCourry who voted no. 3.2 Discuss and consider approval of site plan for High Performance Auto Spa, being a 1.13-acre tract situated in the B.B.B and c.R.R. Survey, Abstract No. 173. The subject tract is located on the east side of Main Street north of Dailey Drive and south of South Colony Drive (SP05-011, Bateman) Donna Bateman reviewed the site plan. Vincent Jarrard representing the Auto Spa told I the council that the facility consists of six self-serve car wash bays and one automatic bay. He added the area is currently zone for this use. He said the lot was previously platted so no additional right of way is required, however the site is aligned with the adjacent QuickTrip. Citizen Mike Lynch asked what the building will look like. Mr. Jarrard said it has non-reflective galvanized, gray, metal roof, and that the masonry meets the minimum standards. Council members Harris and Mikulec both voiced their concerns over this being the best use of the Main Street property. Mr. Mikulec asked for an executive session with the city attorney to discuss this agenda item. The executive session began at 8:03 p.m. and ended at 8:15 p.m. Councilmember Marks asked Mr. Jarrard if the building could be turned on the lot. Mr. Jarrard said that patrons' safety is an issue [so the bays should be visible from the street] and that would create other issues as well. Councilmember Marks asked Mr. Jarrard to consider postponing this for two weeks and possibly increase the landscaping since this is the city's main corridor. Mr. Jarrard said he is not opposed but does want people to be able to see the facility. He agreed to meet with city staff but indicated he wants the added landscaping defined. Motion to table to the next regular council meeting for staff to meet regarding the landscaping- Schrag; second by Marks; motion passed with all ayes except for McCourry who voted no. I 3 August I, 200S 3.3 Discuss and consider approval of a resolution authorizing the city manager to sign a Facilities Reimbursement Agreement with Wynnwood Peninsula, Ltd. (Matthews Southwest) for construction of wastewater distribution facilities (Johnston) Assistant City Manager Tony Johnston advised the city has a developer's agreement with Matthews Southwest for the city to provide water services to Wynnwood Peninsula and the developer providing wastewater services. This Reimbursement Agreement is for the city to also takeover wastewater services. A Deed of Trust conveying 76 acres to the city should the developer default on their payments to the city for the wastewater services is included as a part of the Reimbursement Agreement. Mr. Johnston reviewed the value of the 76 acres. Citizen Mike Lynch voiced concern over the wording in the Agreement stating actual control of the property seemed vague. Jack Matthews with Matthews Southwest was present for questions. He reviewed the plans with council saying there will be a hotel, condominiums, a golf clubhouse, and some commercial. He said he hopes to have some homes built by June of 2006. Multiple homebuilders will be used. Mr. Johnston pointed out to council that an amended Deed of Trust added item no. 14 and it had already been signed by Jack Matthews. Motion to approve with the amended Deed of Trust- Ward; second by Harris; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution authorizing the city manager to sign a construction services contract for the Wynnwood Peninsula wastewater lift station and associated improvements (Scruggs) Gordon Scruggs told the council that is project is the second of four being planned. He said it includes a lift station and associated improvements. He is recommending the city approve the alternate to the base bid for the use of polyvinyl chloride (PVC) rather than high-density polyethylene (HDPE) pipe materials. Citizen Mike Lynch asked about warranties and performance bond, and the gravel road as depicted in the site plan. He also asked about the life cycle for PVC in comparison to the cost savings of $2,000. Mr. Scruggs said that city workers are accustomed to working with PVC and they would require additional training for the HDPE. He also said that the warranty is for two years and the gravel road is temporary for construction purposes and not for public access. Councilmember Schrag asked if all bids included the same pump to which Gordon replied they did. Motion to approve with the PVC alternate per staff recommendation- Harris; second by Marks; motion passed with all ayes. 3.5 Consideration of a Site Plan for Lewisville Independent School District Bus Maintenance and Fuel Facility Phase Two. The 12.536-acre tract is located on the south side of Cougar Alley at the intersection of Nowlin Drive (SP05-0007) -..- Donna Bateman summarized the site plan, including the proposed parking, fire protection, fencing and landscaping. Citizen Mike Lynch said a statement that was to be 4 August 1, 2005 added regarding meeting TCEQ requirements was not included. Don Buker with LISD I told the council that a spill detection call list has been put into place. He also said they used the Integrated Storm Water manual to determine there is enough volume in the capture system. Councilmember Harris asked whether there are plans for the area between phase one and phase two. Mr. Buker said no, and that the house will stay in place for now. Motion to approve with P&Z recommendations and stipulations in accordance with attachments 3,4,5, and 6- Schrag; second by Ward; motion passed with all ayes. [Mr. Hager, in writing, amended the Staff Recommendations to include: 5. LISD shall obtain and maintain all permits required by law for installation and maintenance of any fuel dispensing storage and pump. 6. In accordance with attachments 3,4,5, and 6.] 2.8 3.6 Consideration of an order to repair, remove, or demolish a structure at 7616 Main Street that is considered an eminent danger to persons and/or property (SI05-0011, Bateman) Donna Bateman advised the owner of this property has already cleared the damaged structure from the lot but the fuel storage tanks are still an issue. The property owner spoke saying he has plans to remove the fuel tanks in five or six weeks, and that he may I re-build in the future. Citizen Mike Lynch told the council that federal law requires the removal of tanks. He also asked about the adjacent concrete lot. Ms. Bateman said the concrete is actually the beginning of a road that leads to a cul-de-sac of lots, and that it is now clear of any parked cars. The property now complies with city regulations. No action required on this item. Mayor Pro-tern McCourry announced they would take a ten-minute recess to prepare for the following work session. 14.0 I WORK SESSION 1 4.1 Work session with council and staff regarding S.H. 121 Corridor Master Plan Consultant Larry Reichhart with Springbrook Planning Group opened the session with a review of the study area along S.H. 121. He presented a suggested Vision Statement and Goals statement. Council discussed possible desirable and undesirable uses for the area. Larry also gave council suggestions on future steps to be taken following adoption of the Master Plan. A public hearing will be held during the August 15, 2005 council meeting with possible adoption of the master plan. I S August I, 2005 And with no further business to discuss the meeting was adjourned at 10:58 p.m. APPROVED: Dillard, Mayor ty of The Colony ATTEST: fL~w~ Christie Wilson, TRMC, City Secretary ~"- - 6