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HomeMy WebLinkAbout11/02/1992 City Council 004 9 MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 2, 1992 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the 2nd day of November, 1992, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Billy Sharp, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Present John Dillard, Councilman Present Joel Marks, Mayor Pro-tern Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Lou Gomez, 5081 Shannon, addressed the Council stating that in these times of trying to promote business, he was concerned regarding the actions of Councilman Mike Lynch. Mr. Gomez indicated that Councilman Lynch had visited a local restaurant, identified himself as a councilman, and told the owner he would boycott the restaurant if they continued to allow a radio show to be broadcast from that location. Mr. Gomez went on to say that Councilman Lynch does not speak for the entire council and is in violation of the Charter for using his position in that manner. Mr. Gomez asked what the council will do about this situation, stating that Mr. Lynch is not part of the team, but part of the problem. Councilman Lynch responded stating that he told the owner that when he eats out, he goes to a good restaurant, Maxim's, and that he did tell the owner he does not agree with the radio show. Councilman Lynch said he did tell the owner when there is a new menu he will try the restaurant. Mayor Manning stated that councilmembers should not misuse their title. Rob Bauman, 4173 Newton, addressed the Council regarding the same subject, stating that he respects the right of every citizen to boycott, but when a person represents themselves as a government official, that can be misconstrued to mean the whole city has the same opinion. 3. MAYORAL PROCLAMATION DECLARING THE WEEK OF NOVEMBER 16 THROUGH 20, 1992 .AS CHILDREN'S BOOK WEEK 3 004596 Mayor Manning read the proclamation in it's entirety as follows: WHEREAS, books are one of the best ways to bring the world of information and ideas to the child; and WHEREAS, books can expand the child's world, exciting his or her imagination, directing goals, and inspiring dreams; and WHEREAS, books are vital to a child's educational growth and should be available to all children to buy, to borrow and to own; and WHEREAS, when we "Read...Think...Dream", we remind children and ourselves how worthwhile and important reading books truly is; and WHEREAS, National Children's Book Week has been celebrated since 1919, dedicated to broadening children's horizons through the promotion of children's literature and encouraging them to become lifelong readers; NOW, THEREFORE, I, William W. Manning, Mayor of The Colony, Texas, do hereby proclaim November 16 through November 22, 1992 to be NATIONAL CHILDREN'S BOOK WEEK in the City of The Colony, and encourage the year-round reading and enjoyment of children's books. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of The Colony, Texas to be affixed this 2nd day of November, 1992. William W. Manning, Mayor Joan Sveinsson, Library Director and Ellen Hobbs, Youth Services Librarian accepted the proclamation. Ms. Hobbs said that volunteers are needed for a new read aloud program for second graders up. 4. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD OCTOBER 19, 1992 Motion to approve the minutes as written - Sharp; second - Agnew. Motion carried with a unanimous roll call vote. 4 00459'i B. CONSIDERATION OF ADOPTION OF A HOLIDAY MEETING SCHEDULE FOR THE CITY COUNCIL FOR THE MONTH OF DECEMBER Motion to approve the holiday schedule as presented - Sharp; second - Agnew. Motion carried with a unanimous roll call vote. C. CONSIDERATION OF RENEWAL OF A CONTRACT BETWEEN THE CITY OF THE COLONY AND THE CITY OF FRISCO FOR THE PURCHASE OF TREATED EFFLUENT Motion to approve the renewal of the contract as written - Sharp; second - Agnew. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF RATIFICATION OF AUTHORIZATION TO FILL A VACANCY IN THE POLICE DEPARTMENT Councilman Bogan said since we are so close to hiring a new police chief, he thinks the new chief should be given the opportunity to hire this person, and asked how close we are to hiring the new chief. Mr. Hall said maybe within two weeks, but noted the dispatcher position is very important and the applicants will be interviewed and hired by the Communications Supervisor. Mayor Manning said he thinks we need to go ahead and fill this position, noting the new chief may not be acclimated soon enough to handle this task. Councilman Marks said he is serving on the committee choosing the new chief and that he does not think the decision will be made in two weeks. Councilman Bogan said he has no problem with filling the position, but that he thought we were closer to hiring a chief than we are. Motion to approve the filling of the vacancy as recommended - Bogan; second - Lynch. Motion carded with a unanimous roll call vote. E. CONSIDERATION OF APPROVAL OF A 1992-93 BUDGET AMENDMENT TO THE UTILITY DEBT SERVICE FUND RELATING TO THE REDUCTION OF A $160,000 TRANSFER Motion to approve the budget amendment - Sharp; second - Agnew. Motion carried with a unanimous roll call vote. 5. CONSIDERATION OF APPROVAL OF A SITE PLAN FOR WESTPORT CENTRE TO BE LOCATED WEST OF MAIN STREET (FM 423) AND NORTH OF SOUTH COLONY BOULEVARD Mr. Bob van Til addressed the council, stating this 2.9 acres is part of a 6 acre tract which was zoned at the time Lake Ridge Estates was designed. It is located west of FM 004595 423, currently zoned Shopping Center, and is now owned by Dr. Gifford. Mr. van Til said the owner wishes to build Westport Centre, a strip shopping center on the site and based on the City's design criteria, staff forwards a favorable recommendation. Going on, Mr. van Til said P & Z had reviewed the site plan, paying special attention to two items noted by staff; 1) access to adjacent property and 2) parking spaces and also recommends approval of the site plan as presented. Mr. van Til elaborated on the two items mentioned above, stating along the south property line is proposed a retaining wall and due to the topography of the site there is no access planned between the proposed center and the existing Taco Bell Restaurant. Mr. van Til said this item was discussed because continuous access has become a familiar design along FM 423. Going on, Mr. van Til noted that 168 parking spaces would be required for this space according to standard design criteria but due to the radii of the fire lane, approximately 5 spaces have been eliminated, noting however, that staff does not see a problem with that. Mr. van Til introduced Vince Boldin and Mitch Henzik to respond to questions. Councilman Marks asked what responsibility the developer has regarding the water shed and where the water will go from this property. Mr. van Til said the northeast corner of the property connects with the drainage ditch at Hetherington Court and FM 423, noting that the majority of the water from the backside of the property with be handled by the drainage infrastructure of the subdivision. Councilman Bogan asked if the State has approved the northbound turning lane on FM 423. Mr. Boldin said the lane will be designed according to State specifications and they only have to let the State know when it will be built. Councilman Agnew asked the length of the stacking lane, which will be 60'. Mayor Manning asked for clarification on the drainage plans. Mr. van Til said there will be a very small amount of water on FM 423, stating the majority will go to the northeast corner of the property into the inlet box. Councilman Lynch questioned the location of the drainage ditch in relation to Hetherington Court and where the water will be above and under ground. Mr. van Til said the water will run underground to the open ditch then will go into the culvert which runs under the roadway. Councilman Lynch asked who is responsible if the culvert overflows. Mr. Bill Hall said he feels sure the engineers checked the capacity of the culvert when drawing these plans. Mr. Henzik said he is not an engineer, but he knows the engineer has worked with Mr. van Til to adhere to the City standards, which are more stringent that the State standards. Mr. van Til advised the council that this 6 acre tract was included in the overall drainage plans when the Lake Ridge subdivision was designed, stating that Centex knew this property would be retail. Councilman Marks asked if the cut through to Taco Bell could be added and Mr. Boldin said that Dr. Gifford is in agreement with that, noting the only reason it was not included was because they were trying to meet the city's parking requirements. Mr. Boldin said this will eliminate two more spaces. Councilman Marks said he wants to see the opening. Councilman Bogan complimented the plans and agreed the access needs to be added. Going on, Councilman Bogan said he thinks the drives need to be 35' not 25' so there is room for two cars to turn in and/or out. Mr. Boldin said that is not a problem with the developer, but again said they were trying to comply with the stringent landscape ordinance which required them to decrease the width of the drives. Councilman Bogan said he would rather see less landscaping and wider drives. Councilman Sharp agreed and asked if the fire lane could be extended to the property north of the center. Mr. Boldin said probably, since the property is owned by the same person. Councilman Sharp asked if the irrigation system will include a freeze safety valve and also asked if there is any way to eliminate any water from FM 423. Mr. Henzik said he believes all water will be kept on the property. Councilman Agnew asked if the length of the stacking lane could be increased to allow slow down from the storm sewer to the entry. Mr. Boldin said he would rather see the speed limit reduced in that area. Mr. Henzik said that was looked at and not included because the entire drainage system which the State has put in would have to be redesigned and it is not consistent with other lanes in that area. Councilman Lynch asked about a wall on the north side and Mr. Henzik said if the grade required it they would do it, but it doesn't so they have acquired a letter from Centex saying they can grade out the property and then re-seed. Councilman Lynch, inquiring about the wall on the south side, said the Code requires an emergency exit in walls and went on to ask if the 3' height negates the need for such an exit. Going on, the Councilman said if it does not, then there will need to be a variance granted from B.O.A.A. Mr. Henzik said he is sure Mr. van Til will pick that up when it comes time for approval. Councilman Lynch also asked about handicapped parking spaces for the end store. Mr. Henzik explained they were deleted because the persons would have had to cross an open street, but noted that by adding the access to Taco Bell, the spaces can be put back in that area. Mayor Manning asked for a clarification of the changes discussed. Mr Henzik itemized as follows: 1. Freeze control valve on irrigation system. 2. Adjust northeast corner drainage 3. Drives increased from 25' to 35' 4. Flip space on the end to provide handicap parking 5. Lose 2 parking spaces to accommodate access to Taco Bell. Mayor Manning complimented the developer on a nice job, as did Councilman Agnew. Mayor Manning asked about the drive being directly across from the entrance to Brookshires. Mr. Henzik said the safety engineer says this is preferable to a U-turn situation. Ken Wood, 5000 N. Colony asked about the length of the turning lane, stating it would be less expensive to do it now. Mr. Henzik said the lane is 60' plus the intersection of 25-30', and stated that cars actually begin to slow down about 120' from the intersection. Councilman Lynch asked if this was site plan only, and not the building approval. Mayor Manning also asked what type of building will be constructed. Mr. Henzik said it will be pre-cast concrete with a stucco finish, mansard and facade, canopies, tile roof line, and gabled roofs. Going on, Mr. Henzik said he understood this was to be site plan approval only or he would have brought plans, stating he believes this will be the nicest center around. OU46G,'j Councilman Marks asked what rental fees will be and Mr. Boldin said $10.00 a square foot, noting right now, CiCi's Pizza, Dallas Credit Union, a donut shop and Hallmark have leased spaces. Motion to approve the site plan with the following changes: 1. freeze control on irrigation system, 2. drainage to the northeast adjusted, 3. access to Taco Bell and 4. drives increased to 35' - Agnew; second - Lynch. Motion carried with a unanimous roll call vote. 6. CONSIDERATION OF AUTHORITY TO FILL A VACANCY AT THE LIBRARY Bill Hall said in keeping with the directive of the council during the budget process, staff is coming back to council for authorization to fill each vacancy that arises. Joan Sveinsson said the current Technical Services Librarian will be here through November 23, then she will be going to work for Carrollton Public Library. Ms. Sveinsson said this is a very important position at the Library and if not filled will create a hardship on the rest of the staff. Going on, Ms. Sveinsson said in addition to the normal duties, this person serves at the reference desk and the circulation desk from time to time. Councilman Marks said he thought the hiring freeze was to keep from increasing the strain on the budget, noting this is a replacement and is already budgeted. Motion to approve filling the vacancy - Marks; second - Bogan. Motion carried with a unanimous roll call vote. 7. CITY MANAGER'S REPORT 1. Have photos of the elevated storage tank on N. Colony showing the condition of the tank, which indicate an immediate need to re-paint it. Mr. Hall said there is lead based paint on the tank, but the water in the tank has been tested two times and it is safe. There is no need for concern by the citizens. The lead based paint is on the outside of the tank. 2. Two more city employees have left. In Public Works, the gradall operator has gone to work for Highland Village and in the Water department, a water production operator has gone to work for Farmers Branch. 3. Ken Leverich and Don Owens went to San Antonio to look at a street sweeper and found the sweeper had been sold on Thursday of last week. 4. There has been a request to the Police Department from the volunteer fire fighters to acquire abandoned bicycles to repair for Christmas gifts for needy children. Mr. Hall said it will take council action to allow the bicycles to be disposed of in this manner, since our Ordinance states all property may be disposed of at public auction. Councilman Lynch asked if this requirement is mandated by State law, stating he does not want the city 00460 t to dispose of the property improperly. 5. Mr. van Til asked for a council consensus to expend $100 to enter a Commercial Real Estate Show at the Dallas Info-Mart on November 11, 1992. Mr. van Til said this will be good exposure for the city as there will be real estate agents from all over the nation. Mr. Larry Nelson with Denton County Coop Electric is coordinating this effort. There were no objections from council. 6. Mr. van Til also asked about allowing advertising signs along the outfield fencing of the baseball field at The Colony High School, noting that Dr. Downing has no problem with this as long as there are no advertisements for alcohol or cigarettes. Mr. van Til said the city does not have provisions in the sign ordinance for this and since this a non-profit organization he felt it was not appropriate to send them through the normal channels. Mr. van Til did note that council has allowed Little League to place banners at the complex as long as the sponsor's names are smaller than the team names, going on to say, they had taken no formal action. Councilman Lynch said he doesn't think the Code allows for this, but went on to say he has no problem with this. Councilman Marks said the Park and Recreation Board should draft a plan to address these requests. At this time, Mayor Manning wished Patti Hicks, City Secretary a happy birthday, and with no further business to address, adjourned the meeting at 9:05 p.m. APPROVED: "William W. Manning, Mayor ~ ATYEST: Patti A. Hicks, CMC/AAE, City Secretary