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HomeMy WebLinkAbout09/20/1993 City Council 00493 MINUTES OF THE CITY COUNCIL MEETING HELD ON SEPTEMBER 20, 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 20th 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-tem Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS Mayor Manning asked Mr. Bill Hall, City Manager, to join him and stated that it was his pleasure to present him with a City of The Colony watch in recognition of 10 years of service. Mr. Hall then recognized two 15 year employees, David Yordy and George Figueroa. Mr. Yordy was present to receive his plaque. Mr. Hall noted that both employees began their employment with The Colony Municipal Utility District. For 10 years of service, the following persons were recognized: Sandra Long, Gene Abrams and Rex Lollar. Those with 8 years of service are Ed Wellman, Christie Wilson and Richard Renfro. Margaret Burkett was recognized for two years of service. The following persons were not present but were named for service: Becky Betancourt and Leo Lavender - 5 years, Don Crawford and David Le - 3 years, David Fitzpatrick, Jesse Ledesma and Marc Dodge - 2 years. 3. CONSENT AGENDA Mayor Manning summarized the items on the consent agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD SEPTEMBER 9 AND 13, 1993 Motion to approve the minutes as written - Agnew; second - Bogan. Carried with a unanimous roll call vote. 00494o B. CONSIDERATION OF A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR FIRE AND AMBULANCE SERVICES Motion to approve the Resolution as written - Agnew; second - Bogan. Carried with a unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF AN ORDINANCE AUTHORIZING MILITARY SERVICE CREDITS THROUGH TEXAS MUNICIPAL RETIREMENT SYSTEM Motion to approve the Ordinance as written - Agnew; second - Bogan. Carried with a unanimous roll call vote. 4. CONSIDERATION OF APPROVAL OF AN ORDINANCE LEVYING THE AD VALOREM TAXES FOR THE YEAR 1993 Mayor Manning read the caption of the ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 1993 AT A RATE OF $.80 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 1993; TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE. Mr. Hall explained the allocation of taxes: $.46 to maintenance and operation, $.28 to Utility Fund Debt Service and $.06 to General Fund Debt Service. Motion to approve the Ordinance as written - Agnew; second - Lynch. Carried with a unanimous roll call vote. 5. CONSIDERATION OF AUTHORIZING ALTERATIONS TO THE DECLARATION OF PROTECTION COVENANTS ATTACHED TO ORDINANCE NUMBER 357, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS ON THE 23RD DAY OF JULY, 1985 Bill Hall explained this is in conjunction with the south planning unit (Ridgepointe) ~ 4 00494i and is in regard to the extension of a north south roadway and a potential signal light at FM 423. Mr. Hall said the ordinance 357 passed in 1985 had several covenants attached, one requiring a 2 million dollar bond for the construction of a east west roadway through the property from Blair Oaks to Paige. Mr. Hall went on to say that during the site plan review of Ridgepointe, it was determined that the east west road was not necessary for development and therefore the 2 million dollar bond could be released. Going on, he said these new covenants release the 2 million dollar bond and establish new covenants that require 2 bonds. One bond is in the amount of $840,204.00 for the construction of the north south roadway and the other bond is in the amount of $80,000.00 for the installation of a signal light at FM 423. Mr. Hall noted that in the event these amounts are not sufficient, Centex will pay the full costs. Mr. Hall continued, stating that all items addressed by the council in work session have been included in these Alterations of Protective Covenants. After a brief discussion motion was made to approve. Motion to approve the Alteration of Protective Covenants as written - Bogan; second - Agnew. Carried with a unanimous roll call vote. 8. CONSIDERATION OF APPROVAL OF A SITE PLAN FOR AN OFFICE/WAREHOUSE AS PRESENTED BY PAT SKINNER TO BE LOCATED ON EAST LAKE HIGHLANDS DRIVE Mr. Bob van Til said that Mr. Skinner is requesting approval of a site plan for an office-warehouse to be located on East Lake Highlands Drive. Mr. van Til said the Planning and Zoning Commission recommended approval, but due to special design constraints, Mr. Skinner will be required to obtain a variance from the Board of Adjustments and Appeals relating to set back requirements. Mr. van Til fielded questions from the council regarding utilities, sewer taps, and the existing fence. Councilman Pollard asked about the location of the fence, and Mr. van Til said the fence will be removed when the property is developed. Mr. Skinner advised half of the fence is down already and the other half is not on his property. Mr. Skinner said the building will be 10,000 square feet, including five 1000 square feet office/warehouse spaces on each side, of metal construction. Mayor Manning asked why the building had not been downsized to accommodate the property rather than requesting a variance. Mr. Skinner explained that he had already downsized the building once so the fire lanes would be in compliance. He said the bank loan was for 12 spaces, now he has only 10 and if he decreases it any more he will not get the loan. Mayor Manning said it appears the building could be redesigned to recapture most of the lost space. Discussion followed regarding the placement of the building on the lot. Bill Hall noted that if the road is widened then the building will be very close to the roadway. Mayor Manning said he would be in favor of this if he knew the building would be altered if the road is widened. Councilman Lynch said even if the road is widened, the building will still be about 7 feet from the road. Bill Hall said Mr. Skinner has requested a variance hearing before the B.O.A.A. for 0(3494 September 29, 1993 and advised the council can approve this conceptual plan and if the B.O.A.A. does not approve the variance then the council approval will be null and void. Councilman Lynch noted that Planning and Zoning recommended approval contingent on B.O.A.A. approval. Councilman Bogan said the city needs this type of building and that he does not see a problem with the set back. Motion to approve the site plan contingent on B.O.A.A. approval of the variance request - Lynch; second - Bogan. Carried with all council voting Aye, with the exception of Mayor Manning who voted No. Mayor Manning explained he voted no because he is concerned with the building being located so close to the roadway. 6. CONSIDERATION OF RENEWAL OF A CONTRACT WITH ROY MCCORMACK, STEWART CREEK PARK GATE AT-FENDANT Bill Hall stated this is the annual review of this contract. Mayor Manning noted that this item had been on the Consent Agenda and he pulled it because he is concerned about the hours actually spent in the gate house by the contractor. Sylvia Brantley cited the hours as set out in the contract, noting the gate house is manned 5 days a week. She did say that this summer it became too hot to stay in the gate house due to faulty air conditioning. Discussion followed about ways to improve air conditioning. Councilman Bogan volunteered to check the building and make a recommendation for improvements. Mayor Manning said he would like to see more hours spent at the gate house and Ms. Brantley said she would look at the schedule again to see if it can be improved. Motion to approve the contract as written - Lynch; second - Dillard. Carried with a unanimous roll call vote. 7. CONSIDERATION OF AMENDMENT TO THE RULES OF USE FOR THE COLONY CIVIC CENTER Bill Hall said that this is being brought to council because in the past the police department has had to respond almost every time there has been a private party held at the Civic Center. He went on to say the first recommendation was to discontinue private parties altogether, and noted the Parks and Recreation Board has made some recommendations and that he does concur with these recommendations. Councilman Lynch said there needs to be clarification regarding whether the police officer has to be a The Colony officer or someone else. Councilman Agnew asked about non-profit groups. Ms. Brantley said there is a different fee schedule for non-profit organizations and noted there have never been any problems with those particular groups. Councilman Bogan said he is aware there have been problems, but that the fees are too high and that people won't rent the building for that. Mayor Manning asked for a description of the problems. Bill Hall said most recently, there had been a confrontation in the parking lot, during which the police department had to use pepper mace to calm the people down. He said there were 2 or 3 arrests made that time, and noted this has been "-'- 6 0O494,3 a on-going problem. Susan King, Chairman of the Parks and Recreation Board said the board shared Councilman Bogan's concerns, but in researching area centers, our fee is not out of line. She said the intent is to protect people who use the building. Councilman Bogan said he agrees, but has a problem with requiring the hiring of a police officer. Ms. King said it is standard procedure in other cities, to require security for meeting rooms. There followed a lengthy discussion regarding the cost of hiring police officers and possible alternatives. Councilman Agnew suggested adding to the deposit for the use of police officers and if the police officers were not used to refund that portion. Councilman Marks said we don't have to provide a place for people to have parties, and that if this is a problem then maybe we don't need to allow parties. He suggested leaving the policy as is. Mayor Manning suggested a walk-through and Mr. Hall said the Civic Center is really too small to warrant a walk-through. Ms. Brantley said they don't want to take away this space but that something must be done to discourage this type of conduct. Councilman Dillard agreed with Councilman Marks and said if the changes cause people to stop using the building, then we can look at this again. Further discussion regarding options on deposit, hours, etc., then a motion was made. Motion to approve the policies as presented, with a quarterly written report to the council regarding the effect of these changes - Lynch; second - Dillard. Carried with a unanimous roll call vote. 9. REVIEW OF AN AMENDMENT TO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AMENDING GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS AS ESTABLISHED BY RESOLUTION 90-11 APPROVED BY THE CITY COUNCIL ON THE 2ND DAY OF APRIL, 1990, BY ADDING A REVERSIONARY CLAUSE Bill Hall said that in March 1993, Council took action to amend the Tax Abatement Resolution to clarify some disparities and ambiguities in the monetary criteria for developers. He said at that time there had been discussion regarding the procedure to recover abated taxes should a developer subsequently close down during the abatement period. Mr. Hall said that he and Bob van Til attended a tax abatement seminar and found that there is a specific clause recommended by the State to address this situation. This clause is referred to as a "Recision or Recapture Clause". Mr. Hall said the recommended amendment will add Section XI to Exhibit "A", the "Policy Statement for Economic Development Incentives", to wit: "EVENT OF DEFAULT'. Mr. Hall noted this has been placed on the agenda for review and will not be acted upon until October 4, 1993. Councilman Lynch asked for clarification of the last line on page 9 and Mr. Hall said he would get with him later to explain it's meaning. No further discussion. 10. CONSIDERATION OF A RESOLUTION AUTHORIZING THE ELECTION OF A DEPUTY MAYOR PRO-TEM Mayor Manning said he asked for this item because there has never been an established chain of command in the event the Mayor and Mayor Pro-tem are absent at the same time. Mayor Manning said the Deputy Mayor Pro-tem will be elected at the first meeting in October and subsequently will be elected following the general election of council in May. Motion to approve the resolution as written - Agnew; second - Bogan. Carried with a unanimous roll call vote. 11. CITIZEN INPUT - None 12. CITY MANAGER'S REPORT 1. The recommendation of staff is to continue reading meters in-house. The proposal from Bermex was good, but we have to look at all aspects and it is more cost effective to continue to read in-house. We do plan to purchase the hand held devices. 2. P.H.G.A. Development Corporation - Staff and council had concerns over the contract for a driving range. One of the principles had asked that the contract be in the name P.H.G.A. Management Corporation, which we find does not exist, therefore the "'"' contract is not valid and will not be executed until some questions are answered. 3. Councilman Marks, as a Sail Fair committee member, thanked the city and staff for an excellent job during Sail Fair. Councilman Bogan agreed. Tom Cravens said a special thanks goes to Bernie Childs and Ken Leverich. Mayor Manning announced volunteers are needed to help televise the council meetings and with no further business to address, adjourned the meeting at 9:15 p.m. William W. Manning, Mayor ATTEST: Patti A. Hicks, CMC/AAE, City Secretary 8