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HomeMy WebLinkAbout03/06/2006 City Council March 6, 2006 U~ uo~'p O'~0 L I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 6, 2006 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:05 p.m. on the 6th day of March 2006, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris Scott Ward Joe McCourry Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Mayor Pro-tern Councilmember Councilmember Councilmember Present Present Absent (family) Present Present Present Present And with six council members present a quorum was established and the following items were addressed: I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Perry Schrag Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Timothy Martin read a statement from his wife, Christi Martin, regarding comments made by Councilmember Kirk Mikulec on February 27, 2006 regarding the Lakeside Arts Foundation. Ronald DePiazza spoke in favor of his son who is a candidate for Justice of the Peace in Precinct 2, and reminded voters of primary election day on March 7, 2006. Mike Barrett spoke in support of Fire Station No.3 (agenda item 3.4) I 2.0 I CONSENT AGENDA No consent agenda items. 13.0 3.1 I REGULAR AGENDA ITEMS I Conduct a public hearing and discuss and consider approval of an ordinance rezoning Planned Development 9 located east and west of PIano Parkway on the south side of S.H. 121 to an agricultural zoning district (SI05-0016, Bateman) I Donna Bateman reviewed some history of the property and previously approved zoning. The S.H. 121 Corridor Master Plan designates this area as entertainment. Staff is requesting to rezone the property to agricultural. She advised council that due a notice of opposition from area property owners, there would have to be six council votes to approve the rezoning. UUH;~ E ,) March 6, 2006 City Attorney Bob Hager told the council that he met with a representative of the property owner this week at city hall. They are requesting the city hold off on a zoning change for a period of six months to allow time to work on the sale of the property. Mr. Hager asked them to put their request in the form of a letter and it was presented to council at this meeting. Councilmember Joel Marks asked for an executive session on this item to ask a legal question of the city attorney. Executive session was from 7:25 to 7:35 p.m. Mayor Dillard opened the public hearing at 7:36 p.m. Suzan Kedron, a representative of the property owner, stated they are opposed to the zoning change to agricultural since it does not comply with the city's comprehensive plan (entertainment uses). Another representative, David Humphreys, also stated opposition to the rezoning. He said that last October he had a prospective buyer, however, that buyer stated he would not be interested if the property was zoned agricultural. David added that they would like six months to find a qualified buyer. Councilmember Schrag asked what happened to the previous plans for the property, and whether the property currently has an agricultural exemption from the county. Mr. Humphries advised he was not involved with the property at that point and did not know any details. He said there is an agricultural exception. He added that a previous deadline of sixty days to get a contract was not long enough. Since S.H. 121 now has an established timeline for completion, he believes this is the time developers will be interested in the property. Council members Harris and Mikulec both stated that the city is very "development friendly" and the city would welcome development of the property. Discussion of the request in the letter followed with Bob Hager suggesting that some alteration be made to the letter regarding the series of events as stated, if council chooses to take it into consideration. Mr. Humphries added that he would like to compare the P.D. zoning to the entertainment district without going through agricultural zoning first. Citizen Don Brody told the council that (unless there's information that he is not aware of) it doesn't sound like there is anything to gain by rezoning the property to agricultural. He advised to leave it as is for six to twelve months. Mayor Dillard closed the public hearing at 8:15 p.m. Motion to approve- Schrag; second by McCourry; Bob Hager reminded council that a "super-majority" (6 of 7 votes in favor of the motion) would be required to approve. If the vote fails, then the zoning would stay as is. If council wants to consider the letter then they would need to postpone action on the issue. Councilmember Schrag withdrew his motion and restated it. Motion to postpone until the first meeting in April- Schrag; second by McCourry; motion passed with all ayes except for Harris who voted no. 3.2 Conduct a public hearing and discuss and consider approval of an ordinance amending Planned Development 8 zoning district located west of Main Street at North Colony Boulevard concerning garage placement and entry configurations (Z06-0002, Bateman) 2 I March 6, 2006 0 U 8 ~ e 'J Donna Bateman explained the request is from the developer who is requesting to allow "swing" entry garages on certain lots in Stewart Peninsula area. A swing entry garage has a 900 turn into it from the driveway. She reviewed various diagrams showing the possible garage combinations. Mayor Dillard opened the public hearing at 8:24 p.m. Developer Rusty Nichols told the council that the four-car combinations do not include four straight-in front entry garages (could be two swing and two front). He said that sometimes there are two lots replatted into one that would be large enough for a four-car garage. It was noted that there is still a required set-back and maximum lot coverage that would be in effect. Mr. Nichols also asked that other homes in existence built with swing garages be grandfathered. Bob Hager told the council that could not be done tonight but at a later date. Public hearing was closed at 8:35 p.m. Motion to approve with the modification of removing the four front-entry straight in garages- Harris; second by McCourry; motion passed with all ayes. Mayor Dillard moved up item 3.4 to be discussed next. 3.4 Discuss three construction options for the North Colony Fire Station (Nolen) Fire Chief Mike Nolen said that a design team visited area fire stations for design ideas, adding that with the cost of construction as it is, several revisions have been made. The amount currently budgeted is $1,700,000. I Chief Nolen said the site plan is situated on 3.3 acres. There is a sewer line in the middle of the property that needs to be relocated and enlarged, and an asphalt drive that needs to be changed to concrete to accommodate large equipment. The property is situated adjacent to residential property so landscaping will be placed along the property line. The rectangular building will be metal with a brick veneer. No administrative offices will be located at this facility. Station One will remain the location for administration offices, training, and fire prevention activities. Chief Nolen reviewed the proposed layout of the building and site plan, and the three options. Option 1 is a three-bay station with 10,055 square feet that can house eight personnel. With soil conditions on the site, the architect is recommending a suspended slab. He said Option 1 is the most efficient and functional. The cost estimate is $2,150,000. Option 2 is a two-bay station with 8,889 square feet with some modifications from Option 1. There is a different foundation system and masonry work. There is also less storage. The cost estimate is $1,850,000. Cost for replacing the asphalt drive is not included in the estimate. I In addition to modifications listed for Option 2, Option 3 also eliminates the storage mezzanine, clock tower, some landscaping and the patio. The estimate for Option 3 is $1,750,00. Chief Nolen advised he wants to obtain bids on Option 1 with Options 2 and 3 as alternates. He said they should have a Guaranteed Maximum Price in June. He asked for feed back from the council on the three options. 3 March 6, 2006 , u 0 '.1 ~ U 01_0 j Councilmember McCourry questioned the location of the visitor parking lot and suggested it be moved to a better location, and suggested the patio be re-located to the rear of the building near the dorm rooms. The architect responded that the location of the visitor parking reduces the amount of concrete. He added that usually the patio area would be located near the kitchen/dining and day room area. Councilmember Harris stated that the three-bay option is best; particularly since water rescue equipment would be located there as well. He did suggest substantial landscaping along the property line to be more neighbor-friendly in a residential area. Mayor Dillard asked Chief Nolen to proceed with pricing for the three-bay station. 3.3 First reading and discuss an ordinance amending Chapter 6, Article IV of the Code of Ordinances relating to recreational vehicle standards (8106-0004, Bateman) City Attorney Bob Hager read the caption of the proposed ordinance. Donna Bateman told the council that under the current code recreational vehicles such as travel trailers, motor homes, and pop-ups are regulated the same as manufactured homes. The prQPosed ordinance presented would allow storage of recreational vehicles as well,as overnight stays in residential zoning districts, with regulations applied to each situation. Councilmember McCourry asked the city attorney to be sure what is being proposed does not conflict with any state regulations. He also asked for the term "cracked" to be removed from the storage surface conditions, and that the number of occurrences for loading and unloading on the street be changed to eight. Councilmember Schrag confirmed that no other cities surveyed allowed for overnight stays, and his opinion is to continue not to allow it here. He stated that he's not in favor of allowing hookups to a house (water and electricity) for overnight stay, adding that to monitor these activities would take a lot of work on the part of the city. Councilmember Harris stated he would like to allow some overnight stays, perhaps with a permit. He suggested the city offer a pass to Hidden Cove Park to dump. Councilmember Marks was in agreement, saying that sometimes hardships warrant visitors with travel trailers. It was noted that some homeowners associations would not allow for these provisions. Councilmember Mikulec added that most public input he's received on the subject is against it. Bob Hager advised that a permit/registration form for overnight stays could include a disclaimer that HOAs may not allow it and that would supercede the permit process. Bob will make some revisions and bring back two different sections for council to select from (regarding overnight stays, permits and registrations.) 3.5 First reading and discuss an ordinance amending Chapter 9 of the Code of Ordinances requiring residential fire sprinklers in new homes over 1,000 square feet (Nolen) Mayor Dillard removed 3.5 from the agenda and postponed it to a later meeting. 4 I March 6, 2006 I 4.0 I EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS LOCAL GOVERNMENT CODE to consult with the city attorney regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. UU8~B,~_) B. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney and special legal counsel concerning agreements for the expansion and development of F.M. 423. Executive Session was not held. And with no further business to discuss the meeting was adjourned at 9:20 p.m. APPROVED: I ATTEST: {I/~~/~~ Christie Wilson, TRMC, City Secretary I 5