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HomeMy WebLinkAbout09/13/1993 City Council00492'/ MINUTES OF THE CITY COUNCIL MEETING HELD ON SEPTEMBER 13, 1993 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 13th day of September, 1993, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Present Toby Pollard, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Present John Dillard, Councilman Present Joel Marks, Mayor Pro-tern Absent (Arrived 7:45 p.m.) and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. MAYORAL PROCLAMATION DECLARING 1993/94 AS "STAY IN SCHOOL YEAR" Mayor Manning read the following proclamation in it's entirety and directed the City Secretary to mail it to Colonel White at The Colony High School. WHEREAS, each and every young person in this country needs at least a high school education for both financial and personal reasons; and WHEREAS, the United States Army, through its recruiters, is stressing to all U.S. youngsters to "stay in school and stay off drugs" because an education provides the best opportunities, whether in enlisting in the Army or working at a civilian job; and, WHEREAS, Army recruiters will serve as role models for youth and will provide programs encouraging youngsters to stay in school: NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby proclaim 1993-94 School Year as "STAY IN SCHOOL YEAR" in the City of The Colony, Texas SIGNED AND SEALED this 13th day of September, 1993. William W. Manning, Mayor 4 3. PUBLIC HEARING ON APPLICATION OF P.H.G.A. DEVELOPMENT CORPORATION, REGARDING A ZONING CHANGE ON PROPERTY CURRENTLY ZONED MULTI FAMILY ONE (MF-1), SEEKING TO GIVE THE FOLLOWING DESCRIBED PROPERTY A LIGHT COMMERCIAL (LC) CLASSIFICATION WITH A SPECIFIC USE PERMIT TO OPERATE AN OUTSIDE AMUSEMENT ACTIVITY (GOLF DRIVING RANGE) INCLUDING THE SALE OF ALCOHOLIC BEVERAGES, INCLUDING LIQUOR, BEER AND WINE FOR ON-PREMISE CONSUMPTION TRACT 4, Al81, 12.250 ACRES, 550 FEET WEST OF FM 423 Bill Hall explained that this driving range will be operated on city property under a lease agreement. Motion to open the public hearing - Bogan; second - Dillard. All Aye Councilman Lynch said at Planning and Zoning only beer and wine were addressed and noted this request is for liquor also. Mr. Chip Jones, representing P.H.G.A. said they only want to sell beer and wine at this time and if, at a later date, they decide they want to sell liquor, they will come to the city with another request. Councilman Dillard asked what uses are planned for the proposed well and Mr. Jones said that will be for irrigation and fire protection only. Councilman Dillard asked if the 3% revenues to the city take into account our sale of water and Bill Hall said it does not. Councilman Dillard also addressed the request to use asphalt instead of concrete and asked what type of building will be built. Discussion followed regarding the types of buildings being considered. Mr. Jones said they are considering putting masonry around the bottom of the outer wall and also stated that they will be happy to tie into city water lines and buy water from the city. 7:45 p.m. Councilman Marks arrived. Motion to close the public hearing - Lynch/second - Bogan. Ail Aye 4. CONSIDERATION OF APPROVAL OF A CONTRACT WITH P.H.G.A. FOR THE OPERATION OF A GOLF DRIVING RANGE Mayor Manning suggested that the contract be amended by adding a limitation on alcohol sales to beer and wine only. Councilman Lynch requested an automatic renewal clause. Mr. Jones said their attorney suggests a 5 year term, with 3 renewals at 10 year increments, and a 6 month notice to cancel. Mayor Manning said if the term is extended, then the rental terms will need to be re-negotiated. Mr. Jones agreed. Bill Hall stated the first term will be at 3%, but the fee will be re-negotiated at each interval. Laura Allison, president of P.H.G.A. said the investors are interested in purchasing this property in the future. Mr. Hall said that does not need to be in the contract because the council in office at that time will have to address that issue when it occurs. Mr. Jones 5 004920 asked about a lease option clause. Bill Hall said a right of first refusal clause could be added to the contract. Mr. Jones and Ms. Allison agreed to that. Councilman Lynch reminded council that the city has to put property out to bid before it can be sold. Mr. Jones said he understands but that his company could bid on the property. Ms. Allison noted also that the contract needs to reflect the proper name of the corporation as P.H.G.A. Management Corporation. Mayor Manning said to add a clause that allows lessor to remove improvements at the end of the contract. Councilman Lynch said State law states that permanent improvements have to stay but not temporary items and suggested that a list of those assets be made. Bill Hall said this property is valuable, suggesting that a time for start of construction be established by the council, noting that if it is not begun in that time frame this contract and the S.U.P. will be null and void, and recommended 45 - 60 days. After a brief discussion it was agreed P.H.G.A. would provide proof of financing within 45 days and would begin construction within 60 days. Councilman Bogan said start of construction needs to be defined. Ms. Allison also had changes in Section F, Maintenance. In paragraph 3 add the following: "..but only upon 30 days written notice and an additional 30 days to correct the problem." All agreed to that change. In section 5 the words picnic tables, playground equipment, etc. should be removed and the words lift station and entry road be added. Discussion followed about maintenance of the road. Mr. Jones said he understands that if the company improves the road then the city will maintain it. Discussion regarding using asphalt vs. concrete. In Section G, Schedule of Activities, Ms. Allison asked the following ---"' be added to paragraph 1: "...which shall not be unreasonably withheld." Mr. Jones asked about first right of refusal on the Corps of Engineer property on which the company may want to build a 9 hole golf course. Mayor Manning said that will need to be a separate agreement. Motion to approve the contract with P.H.G.A. for a golf driving range, with changes as they were discussed in this meeting and which shall be reflected in the minutes of this meeting - Agnew; second -Lynch. Motion carried with a unanimous roll call vote. 5. CONSIDERATION OF AN ORDINANCE AMENDING APPENDIX A-ZONING OF THE COMPREHENSIVE ZONING ORDINANCE, GRANTING AND APPROVING A CHANGE IN ZONING OF THE BELOW DESCRIBED PROPERTY, GRANTING A LIGHT COMMERCIAL (LC) CLASSIFICATION WITH A SPECIFIC USE PERMIT TO OPERATE AN OUTSIDE AMUSEMENT ACTIVITY (GOLF DRIVING RANGE); INCLUDING THE SALE OF ALCOHOLIC BEVERAGES, INCLUDING LIQUOR, BEER AND WINE FOR ON-PREMISE CONSUMPTION TRACT 4, Al81, 12.250 ACRES, 550 FEET WEST OF FM 423 Motion to approve the ordinance, striking the words "alcoholic beverages, including liquor," - Agnew; second - Lynch. Motion carried with a unanimous roll call vote. 6. CONSIDERATION OF APPROVAL OF A SITE PLAN FOR A GOLF DRIVING RANGE AS PRESENTED BY P.H.G.A. Bob van Til said the site plan is in compliance with our regulations and that Planning and Zoning has made a favorable recommendation to council for approve. Mr. van Til noted that the fire hydrant will be in the parking lot close to the building. He said that the well will be for service to the irrigation system and the fire hydrant and the water line will service the building. Councilman Lynch said the city will have to begin maintenance of the asphalt road immediately and that he would like to see some cost sharing, because if the traffic is heavy this could be very expensive for the city. Councilman Agnew asked if the city will have control over the quality of the road improvements and Mr. Hall said yes, there are specific standards and that Mr. Cravens will oversee the project to ensure those standards are met. Mr. Jones noted that if they do some future development, then there are some items that will be upgraded, noting that can be part of the negotiations at the end of the first 5 year term. Councilman Pollard said some area residents had asked about noise. Mr. Jones said there will be an outdoor speaker for paging or emergency use, but it will not be extremely loud. He said there will be a moderate system for outside music but there will be no loud music or speaker system. Motion to approve the site plan as presented - Pollard; second - Bogan. Motion carried with a unanimous roll call vote. 12. CITIZEN INPUT Mike Lynch, 4921 Roberts, addressed the council regarding 19 students from The Colony High School and Griffin Middle School who had worked the phones for 32 hours to help with the M.D.A. fund raiser. He said they raised $2500.00 in that time. Councilman Lynch gave the names to the City Secretary for inclusion in the minutes as follows: The Colony High School: Amy Montero, Natasha Crupka, Shaun Dining, Jon Hering, Christi Weindorf, Bryan Borden, Tony Jaremko, Sergio Moreno, Keysha Johnson, Kelly Gibson, Serena Wagner. Griffin Middle School: Alisha Dannemiller, Heather Keller, Jenny Riek, Melissa Metting, Celeste Tracy, Frank Mills, Matt Brookbank, Misty Collard. 8. CONSENT AGENDA Mayor Manning summarized the items on the consent agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD AUGUST 16, 21, 23, 26, 30 AND SEPTEMBER 1, 7, AND 8, 1993 0(J493i Motion to approve the minutes as prepared - Lynch; second Bogan. Motion carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 19, BY AMENDING CERTAIN SCHOOL ZONES BY ADDING THE HOUR FROM 11:00 A.M. TO 12:00 P.M. Motion to approve the ordinance as written - Lynch; second Bogan. Motion carried with a unanimous roll call vote. C. CONSIDERATION OF A RESOLUTION RELATING TO THE MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL AUDIT REPORT, AS REQUESTED BY THE ENVIRONMENTAL PROTECTION AGENCY, REGION 6 Motion to approve the resolution as written - Lynch; second Bogan. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR 1994 FINANCIAL PLAN OF THE DENCO AREA 9-1-1 DISTRICT Motion to approve the resolution as written - Lynch; second Bogan. Motion carried with a unanimous roll call vote. E. CONSIDERATION OF AUTHORIZING THE ADVERTISEMENT FOR A POSITION IN THE PARKS AND RECREATION DEPARTMENT Motion to approve the request as presented - Lynch; second Bogan. Motion carried with a unanimous roll call vote. F. CONSIDERATION OF AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE RE-PAINTING OF THE OUTSIDE OF THE OVERHEAD STORAGE TANK ON NORTH COLONY BOULEVARD Motion to approve the request as presented - Lynch; second Bogan. Motion carried with a unanimous roll call vote. G. CONSIDERATION OF AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF A COMPUTER SYSTEM TO BE LOCATED IN THE POLICE DEPARTMENT Motion to approve the request as presented - Lynch; second Bogan. Motion carried with a unanimous roll call vote. 8 H. CONSIDERATION OF A BUDGET AMENDMENT FOR THE FISCAL YEAR 1992-93 Motion to approve the amendment as presented - Lynch; second Bogan. Motion carried with a unanimous roll call vote. I. CONSIDERATION OF AUTHORIZING THE RENEWAL OF A CONTRACT WITH TEXAS MUNICIPAL LEAGUE RISK POOL FOR EMPLOYEE INSURANCE COVERAGE Motion to approve the renewal as recommended - Lynch; second Bogan. Motion carried with a unanimous roll call vote. 9. CONSIDERATION OF APPROVAL OF THE FINAL PLAT FOR THE RIDGEPOINTE PHASE IA SUB DIVISION AS PRESENTED BY CENTEX DEVELOPMENT CORPORATION Bill Hall noted that lengthy discussions had been held regarding the amendment to ordinance 357 relating to bonds on this and other property belonging to Centex. He noted that those amendments to the covenants will be on the September 20, 1993 meeting agenda for council action. Bob van Til said Centex has requested final plat for Phase 1-A of Ridgepointe Addition, which is located west of FM 423 adjacent to Cougar Alley and Dailey Drive. He said the preliminary plat was approved in April 1993 and the property was rezoned from Business Park to Planned Development at that time. As a part of the re-zoning, Mr. van Til said, the property was divided into numerous tracts and noted this is the first phase and is located in the northeast quadrant. Mr. van Til said Centex has indicated the average lot size will be 7,811 square feet. He said the final plat which has been reviewed by staff and Planning and Zoning is in compliance with all requirements and has been recommended for approval. Terry Mitchell with Carter & Burgess and David Dixon with Centex were present. Councilman Agnew asked if the types of homes to be built will be reviewed by council, citing some questions earlier about front entry garages, and Mr. van Til said that is normally a staff function. Mr. Hall said these are all rear entry. Bob van Til did note the acceleration lane on FM 423 has been provided and there is also a landscape plan included. Brief discussion regarding landscape plan, the brick wall and the size of the homes to be built. Mr. Dixon assured council the wall will be constructed of masonry brick, not imitation. Councilman Dillard asked about street lights. Mr. Tom Cravens said T.U.E. had submitted a layout with 14 lights, but staff has added 7 more to the plan. Councilman Lynch asked about the agreement regarding the north and south entrances. Mr. van Til went over the agreement as outlined in his memorandum. Councilman Agnew said he remembers the agreement as is stated in Mr. van Til's memorandum. 9 00493, Motion to approve final plat as presented - Bogan; second - Agnew. Motion carried with a unanimous roll call vote. 10. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 17 RELATING TO LANDSCAPING Bob van Til said the ordinance has been administered to commercial property only and this amendment will include residential property as well. Mayor Manning agreed stating this will protect trees on any land owned by any developer. Councilman Dillard asked if this will effect Ridgepointe and Mr. Hall said it will. Motion to approve the ordinance as written on first reading - Lynch; second - Agnew. Motion carried with a unanimous roll call vote. 11. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 6 RELATING TO THE INSPECTION OF VACANT COMMERCIAL BUILDINGS Mr. Hall said this had come to council at a previous meeting and there had been discussion regarding re-inspection and the proposed fee. He said after review with other staff members, a fee of $10.00 has been established. After brief discussion motion was made. Motion to approve the ordinance as written - Lynch; second - Bogan. Motion carried with a unanimous roll call vote. 7. CONSIDERATION OF APPROVAL OF AN ORDINANCE ADOPTING THE MUNICIPAL BUDGET FOR YEAR 1993-94 Bill Hall advised that updated sheets have been prepared which included all items addressed in the budget work sessions. He said the menu includes those additions in both the General and Utility Funds as discussed at the last work session. He noted changes in Capital Expenditures; to increase the two FAX machines from $500.00 to $900.00 to purchase plain paper machines. He said a pick up truck has been added to the General Fund. Mr. Hall noted that in the General Fund summary the 93-94 expenditures have not been updated with the capitals at this time. He noted that one cent has been transferred in the tax rate from Utility Fund Debt Service to General Fund Debt Service. Mr. Hall then went on to outline the Capital Outlay financing and the Capital Projects. He stated that a 3% cost of living adjustment has been included across the board and that the initial projection for hospitalization showed an increase, but we have subsequently found out our rates will remain the same so the amount has been dropped from $220.00 per employee to $185.00 per employee. Motion to approve the budget as presented - Agnew; second - Bogan. 10 Motion to lay this item on the table - Lynch. Mayor Manning said the motion on the floor is to adopt and Councilman Lynch said his motion has priority. Mayor Manning opened the floor to discussion. Councilman Lynch said there appears to be an estimated drop in the fund balance of $470,000 and that we have had an alternate budget presented that would reduce that amount by another $100,000. He went on to say he would like another work session. Mr. James England said the remaining balance in the General Fund will be $85,000 and in the Utility Fund it will be $247,000, noting that includes setting aside $60,000 for emergency equipment and if that is not used the General fund amount will be $145,000. Councilman Marks asked where we can come up with another $100,000. Councilman Lynch said he could not say, but there was another budget presented and that we can look at it and try to get between the two proposals. Councilman Marks said the budget presented by Councilman Pollard called for a 2 cent tax increase and stated that if we go with that proposal we would force the city employees to spend all that is budgeted so they can be sure to get that much and more the following year. Councilman Marks said we agreed about 3 years ago to begin balancing the budget and said he doesn't see any unnecessary expenditures. He went on to say he questioned the amount for Kid's Colony but found out it is to go toward irrigation and now has no problem with that. Councilman Marks said he does not see anywhere to cut and that he doesn't think another work session will help. Councilman Pollard said the document he presented last Thursday night showed a balanced budget and that he realizes it was presented late, but it does represent a new approach. He continued, stating he thinks that while his proposal looks good on paper, it can't be implemented immediately. Councilman Pollard said he would like to see certain procedures implemented and suggested a committee to research and achieve savings in the future. Mayor Manning said he will make a commitment to that and all council agreed. Councilman Bogan said we all put in many hours on the budget. He said all the council felt all items were necessary and there were no luxury items. He said this budget is necessary to maintain the quality of life in The Colony. Steve Tolen~ 4342 Newton, said he has watched the budget process and is concerned with the approach. He said we can't continue next year without a tax increase. He said no balance sheets are used and it is hard to track monies. He said he hasn't heard anything about major capital projects coming up such as the wastewater treatment plant expansion. He said the city really needs to address the budget process and perhaps the council would be sell served to take another look before approving the budget. Mayor Manning advised that we are no longer moving money from our savings accounts or from our land funds. Chris Cox~ 5957 Carroll Dr., agreed with Mr. Tolen stating if we can save money then we should do so. He said we should escrow money for capital purchases and projects, noting the better off we leave the city, the better it will be in the future. Rob Bauman~ 4173 Newton~ said we had a tax increase last year and now this year at the eleventh hour there is a proposal for a different budget. He said he doesn't see the point in continuing this process. He said the new proposal may be a good idea and asked why it was so late. Councilman Dillard said not all the figures were available until last week 11 004930 and went on to say the council agreed to very little in the previous work session. He said ~-. the council has had to make some tough choices and that he thinks the council needs to review this again before voting on it, stating this is the first time the council has seen this document. Councilman Dillard said the city has some desperate needs and stated that all the council had put lots of time and effort into this process. Mayor Manning said for those who are interested, the council has come a long way in the budget process. He said we have stopped transferring money and we have made enormous strides. The Mayor said he is in favor of looking at new methods but it is too late this year, noting we could not possibly reach an agreement by October 1, 1993. Mayor Manning then called a Work Session for September 22, 1993 to begin discussing new methods of preparing the 1994-95 budget. Councilman Agnew said there are items in the budget he disagrees with, but the City Manager and staff have always been frugal and not spent all the money allocated and went on to say there is a history of higher than projected revenues. He said we have taken some long steps in spending our checking accounts and that he too is in favor of looking at a new process. Councilman Marks stated that although this particular document was received tonight, there is nothing in it that the council has not seen and reviewed in the work sessions. Councilman Dillard said he doesn't know that because he has not read it. Councilman Lynch said we have until October 1 and that he is willing to see if the budget can be tightened, noting he has a problem with the revenue projections. Joyce Fulco, 4705 Clover Valley, said she has attended 5 work sessions and appreciates the time put in by the council and staff. She said she doesn't agree with some of the items approved, such as new police cars. She suggested the city use the Farmer's Almanac to predict next year's weather, stating that this book says next year will be wet and therefore we will not have large water revenues. Ms. Fulco said Councilman Pollard has a good idea and that it appeared to her the work sessions were rushed through. She said we need to handle the problems now because the city is going down the tubes. She said sports associations asked for help and that was not addressed and that her request for two signs was joked about. At this time, Mayor Manning asked for the vote: Motion to approve the budget as presented carried with the following vote: Lynch - No; Pollard - No; Agnew - Aye; Bogan - Aye; Dillard - No; Marks - Aye; Manning - Aye. 13. CITY MANAGER'S REPORT 1. World War II Commemorative Committee is still making plans. The Colony has been approved as a W.W.II Commemorative Community. Council may be asked to set aside a small tract of land to be designated for the commemorative committee. 2. Wastewater treatment plant was inspected by the E.P.A. in June and received 12 004980 a very complimentary report. 3. State Hwy 121 - Contractor still says October 15, 1993 completion. 4. Golf Course. Mr. Hall met with the design engineer last week, who will now be meeting with all utility companies. It is behind schedule, but is still moving forward. Mayor Manning made a plea for more volunteers to help with the televising of council meetings. With no further business to address Mayor Manning adjourned the meeting at 10:05 p.m. APPROVED: ~William W. Mannl~lng, l~la~r - ~x ATTEST: Patti A. Hicks, CMC/AAE, City Secretary 13