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HomeMy WebLinkAbout10/17/1994 City Council00542i MINUTES OF THE CITY COUNCIL MEETING HELD ON OCTOBER 17~ 1994 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:35 p.m. on the 17th day of October, 1994, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Mayor Pro-Tern Present Toby Pollard, Councilman Present Kay Hardin, Councilman Present Rob Burchard, Councilman Absent John Dillard, Councilman Absent Lynda Tate, Councilman Absent and with four present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Joyc¢ Fulco, 4712 Clover Valley. asked for a progress report on the Texaco Station, stating that the license plate and inspection sticker on the truck parked there have expired as of March and June, 1994, respectively. Mr. Smith said he would check into that and get back with her. Mary. Watts. 7008 Sample Drive. read from a prepared statement (see Attachment "A") in which she addressed the meeting held last week regarding the marina. She said Councilman Lynch had suggested a location for a bowling center and she had told him that Mr. Smith and the developer were working on a location. She stated that Coundlman Lynch had suggested that Mr. Smith and the developer had conducted a secret meeting. Ms. Watts stated the meeting was hardly secret and that she did not want anyone who may have overheard that statement to misunderstand what has taken place. Ms. Watts said she doesn't want her work to be thought of as secret and confidential. She then asked who she' should go to with projects like this. She asked if she had done anything wrong or out of line. Mayor Manning said it would be logical that she should go to the City Manager and that she had done nothing wrong. Mayor Bill Manning. read a letter from Mayor Castleberry from Denton commending Fire Marshal Dave Wallace for assisting his city in an arson investigation. 3. MAYORAL PROCLAMATION DECLARING OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH 6 Mayor Manning read the proclamation in it's entirety as follows: WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security, and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse; and WHEREAS, the problems of domestic violence are not confined to any group or groups of people but cross all economic, racial, affectional preference, and societal barriers; and supported by societal indifference; and WHEREAS, domestic violence results in more injury to women than automobile accidents, street crime, and sexual assaults combined; and WHEREAS, the impact of domestic violence is wide ranging, directly affecting women and children and society as a whole, costing our communities untold millions of dollars in health care and lost productivity; and WHEREAS, in 1993, 55,767 Texas women were battered and 161 Texas women lost their lives at the hand of men they have loved. NOW, THEREFORE, in recognition of the important work done by domestic violence programs, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby ,- proclaim October, 1994 as DOMESTIC VIOLENCE AWARENESS MONTH in the City of The Colony, Texas an urge all citizens to participate in the activities and programs sponsored by Denton County Friends of the Family, Inc. and the Formerly Battered Women's Task Force to work toward the elimination of domestic violence and to promote the health and safety of all persons within their own homes. SIGNED AND SEALED this 17th day of October, 1994. William W. Manning, Mayor There was no one present from Denton County Friends of the Family. The proclamation will be mailed to them. 4. MAYORAL PROCLAMATION DECLARING OCTOBER 23-29, 1994 AS TEXAS PHARMACY WEEK Mayor Manning read the proclamation in it's entirety as follows: 7 005420 WHEREAS, the need for efficient, cost effective health care is of primary importance to all citizens of our community; and WHEREAS, prescription and non-prescription medication is recognized as a vital element in effective health care; and WHEREAS, nearly two billion prescriptions are dispensed annually with one of three Americans receiving no information about these medicines before they take them; and WHEREAS, due primarily to lack of information on the part of patients, approximately one-half of all prescriptions are used incorrectly, contributing to prolonged illness, avoidable side effects, unnecessary hospitalizations, and even death; and WHEREAS, the local pharmacies of our community are the recognized professionals who specialize in the proper use of medications; and WHEREAS, these professionals are dedicated to increasing communication about prescription medicines thereby improving the health of all Texans, including those in the city of The Colony. NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas do hereby proclaim the week of October 23 - 29, 1994 as: TEXAS PHARMACY WEEK in the City of The Colony, Texas and call upon all citizens of our community to observe this important week by conferring with their pharmacist concerning the proper use of all medicines prescribed to them. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of The Colony, Texas to be affixed this 17th day of October, 1994. William W. Manning, Mayor There was no one present to receive the proclamation. The original will be mailed. 5. PUBLIC HEARING ON APPLICATION OF THE HOUSE OF ITALY FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS SHOPPING CENTER, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOL INCLUDING LIQUOR, BEER AND WINE FOR ON- PREMISE CONSUMPTION 8 6805 MAIN STREET, SUITE 490 Motion to open the public hearing- Pollard; second - Lynch, all ayes. No one spoke at the public hearing. Motion to close the public hearing- Lynch; second - Hardin, all ayes. 6. CONSENT AGENDA Mayor Manning summarized all items on the consent agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD AUGUST 15 AND 20, 1994, SEPTEMBER 6, 12, 19 AND 21, 1994 Motion to approve the minutes as written = Pollard; second = Hardin, carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY BY GRANTING A CHANGE IN ZONING ON THE BELOW DESCRIBED PROPERTY CURRENTLY SHOPPING CENTER BY GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOL, INCLUDING LIQUOR, BEER AND WINE FOR ON-PREMISE CONSUMPTION 6805 MAIN STREET, SUITE 490 Councilman Pollard suggested checking to see if anyone wants to speak to the Specific Use Permit before voting on it. Mayor Manning said this on the consent agenda and we just held a public hearing in which no one chose to speak. Motion to approve the ordinance as written - Pollard; second - Hardin, carried with a unanimous roll call vote. C. CONSIDERATION OF A RESOLUTION PROVIDING FOR REIMBURSEMENT TO THE LAND FUND FROM THE EMERGENCY EQUIPMENT FUND OF THE COLONY FIRE DEPARTMENT FOR THE PURCHASE OF A PUMPER FIRE TRUCK Motion to approve the resolution as written - Pollard; second - Hardin, carried with a unanimous roll call vote. 005425 D. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE COLONY BY AMENDING APPENDIX A-ZONING, BY GRANTING A CHANGE IN ZONING ON THE BELOW DESCRIBED PROPERTY, CURRENTLY ZONED BUSINESS PARK (BP) AND INDUSTRIAL (I) TO A PLANNED DEVELOPMENT (PD) CLASSIFICATION WITH MIXED USES APPROXIMATELY 1100 ACRES GENERALLY LOCATED NORTH AND SOUTH OF STATE HIGHWAY 121 BETWEEN PAIGE ROAD AND THE BURLINGTON NORTHERN RAILROAD Councilman Lynch said he believes all questions have been answered but he suggested in the future that a time limit should be placed on Planned Development zoning cases so that if there is no development within a certain amount of time, the zoning is void. There was a brief discussion regarding whether this is included in the Code. Mayor Manning asked if it would be appropriate to bring this case back later for review. Councilman Lynch said if there is no activity the zoning should be void and if we approve the zoning tonight, a time limit cannot be added later. Mayor Manning asked the development representatives if it would be a problem to add language to the ordinance giving the council the right to review this case if there was no development activity within 5 years from approval. The representatives indicated that would not be a problem. Motion to approve the Ordinance granting a change in zoning, adding a statement that the council can review the case in 5 years if there has been no activity - Lynch; second - Hardin, carried with a unanimous roll call vote. E. CONSIDERATION OF A RESOLUTION URGING PASSAGE OF THE FEDERAL MANDATE ACCOUNTABILITY AND REFORM ACT Motion to approve the resolution as written - Pollard; second - Hardin, carried with a unanimous roll call vote. 7. CONSIDERATION OF APPROVAL OF PRELIMINARY AND FINAL PLAT AS PRESENTED BY ECKERD'S FOR A STORE TO BE LOCATED AT THE INTERSECTION OF NORTH COLONY BOULEVARD AND F.M. 423 (MAIN STREET) Mr. Smith said this preliminary and final plat has been reviewed by the Planning and Zoning Commission and they have recommended approval. Councilman Lynch asked about the sidewalk and Mr. Cravens said it will be added. Councilman Lynch said these are the best plans to come before the council in a long time. He said he would like to know more about what the building will look like. The engineer explained it will be a single story building with a two story front. Councilman Pollard asked about the existing Eckerd's store 10 00542 and the engineer said it will be closed. Motion to approve the preliminary and final plat as presented - Lynch; second - Pollard, carried with a unanimous roll call vote. 8. CONSIDERATION OF APPROVAL OF A SITE PLAN AS PRESENTED BY ECKERD'S FOR A STORE TO BE LOCATED AT THE INTERSECTION OF NORTH COLONY BOULEVARD AND F.M. 423 (MAIN STREET) Motion to approve the site plan as presented - Lynch; second - Pollard, carried with a unanimous roll call vote. 9. CONSIDERATION OF A RESOLUTION AUTHORIZING THE CREATION OF THE COLONY PUBLIC FACILITIES DEVELOPMENT CORPORATION AS AN INSTRUMENTALITY OF THE CITY OF THE COLONY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT Mr. Smith said the corporation will act as the vehicle to facilitate the financing of the golf course (on Wynnewood) and staff had hoped to approve creation of the corporation, name the 3 incorporators and 7 board members tonight. Mayor Manning asked for an explanation of the advantages of this corporation over the existing Economic Development Board. Mr. Leroy Grawunder said the existing board was created under Section 4A and the new one would be created under Section 4B. He said 4B has specific powers regarding recreational and cultural facilities and 4A does not. Mr. Grawunder said 4B can do what 4A can do plus address recreational facilities. Councilman Lynch asked if we would dissolve the 4A board and roll it into the 4B board. Mr. Smith said the members of the 4A board are reviewing this issue and will come to the council with a recommendation. He noted that the By-laws and Articles of Incorporation have been written so that can happen. Councilman Lynch said he would like to see only 2 members allowed to be councilmembers instead of 4. Mayor and other members agreed. That will be changed. Councilman Pollard stated that reducing the number of councilmembers will remove the politics and help gain public approval. It was generally decided the registered agent would be the City Secretary. Mr. Grawunder suggested that staff members should be the incorporators instead of councilmembers since councilmembers will be voting on the project. Mr. Smith said that does not have to be done tonight, and said this can be discussed again at the October 24, 1994 work session with subsequent action on the November 7, 1994 agenda. Mr. Grawunder suggested changing the name of the corporation from The Colony Public Facilities Development Corporation and said he would bring back a recommendation that would be more specific. Motion to approve the resolution as written - Lynch; second - Pollard, carried with a unanimous roll call vote. 11 005427 10. CONSIDERATION OF ADOPTION OF A RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO UNDERTAKE A GOLF COURSE PROJECT Mr. Smith said this has to be passed tonight and will give a 60 day window for further action. Councilman Pollard asked if this will affect the lease negotiations in the future and Mr. Smith said it will not. Motion to approve the resolution as written - Lynch; second - Pollard, carried with a unanimous roll call vote. 11. CONSIDERATION OF AUTHORIZING A CHANGE ORDER WITH WASTELINE ENGINEERING REGARDING THE NORTH TEXAS MUNICIPAL WATER DISTRICT WASTEWATER TREATMENT STUDY REVIEW AND WASTEWATER TREATMENT SLUDGE HANDLING Mr. Smith stated that sludge handling had been removed from the contract with Wasteline and that it needs to be addressed early in this process. He said this will require a change order in the contract if we want Wasteline to address this issue. Mr. Smith also said he had asked Mr. Briesch to review the report from North Texas Municipal Water District (NTMWD) and that he (Smith) felt that should fall within the scope of the existing contract. Mr. Smith advised that Mr. Briesch did not agree and since it would require more money expended, then a change order will be required. --" Mr. Smith said he has received the draft documents from Wasteline to start the project funding request with State Revolving Fund (SRF) and that he has a meeting with the Texas Water Development Board next week while he is in Austin for the TML conference. Mr. Glenn Briesch with Wasteline first addressed sludge handling, stating that he has been asked to look at various methods of handling sludge and he estimates 40-60 hours work to complete that task, with a maximum being 60 hours. He said the fee will be based on the hourly charges set out in the contract. Mayor Manning said he would like to see a back-up plan if a centrifuge fails and what type experience has been seen with centrifuges. Councilman Lynch asked Mr. Briesch to investigate a 3rd technology, drying beds and asked if we can get a demonstration. Discussion regarding the smell which is emitted with the centrifuge and the possibility of selling the sludge. Mr. Briesch noted that the State highway department does use sludge. Mayor Manning stated the cost for the maximum of 60 hours would be $4500.00. Councilman Lynch asked about the review of the NTMWD report. Mr. Briesch said he does not think that is part of the contract and said they have begun the review and have submitted a bill in excess of 100 hours. He said they were nearly finished, with approximately 40 more hours of work to be done. Mr. Briesch said he had no idea it would take so long and noted he has received some more information from NTMWD verbally but he can't get any written information. Councilman Lynch asked if there is any reason for Wasteline to continue the review. 12 005420 Mayor Manning asked how much of the review is done. Mr. Briesch said he is 2/3 finished and has about 6 pages in the report so far. He said he anticipates the complete report to be about 10 pages, noting he has had to do a lot of researching to interpret the report. Mayor Manning said he would be in favor of spending the additional funds to get a complete report and that the council would be remiss if they don't look at every avenue. Mayor Manning said we are proposing a lot of money for the taxpayers to have to pay. Councilman Pollard asked when the report would be done and Mr. Briesch estimated the first week in November, which could be presented at the November 7, council meeting. Councilman Hardin said she hopes the report will be usable. Councilman Lynch suggested scheduling the receipt of the report on the November 7 meeting but asked that it be made available for council review by November 3. General discussion regarding the cost of these two change orders. Councilman Pollard stated that $17,000 should cover both and Mr. Briesch agreed. Motion to approve the change orders in an amount not to exceed $17,000 to review sludge handling and to review the NTMWD report - Pollard; second - Hardin, carried with a unanimous roll call vote. 12. COUNCIL COMMITrEE REPORTS Councilman Lynch said there was a joint work session with the Parks & Recreation Board at Stewart Creek Park on Sunday where they reviewed the latest proposal from Rusty Nichols. He said Mr. Nichols proposes a 50 foot buffer zone between the houses and the park activities and all present had agreed to that. He said they reviewed locations for new rest room facilities and agreed on one that will be submitted to Mr. Smith for negotiations with Mr. Nichols. 13. CITY MANAGER AND STAFF REPORTS 1. The General Government account has $20,000 in it. $5000.00 is set for Denton County Friends of the Family, $5000.00 is set aside for council retreats, etc. and $10,000 is allocated for the matching share of the intersection of 423 and N. Colony. Mr. Smith said the recycling coordinator was taken out of the budget and since we now don't have to pay the matching share he would like to put that position back in place. He said there are grants available but current staff does not have time to pursue them. Mayor Manning said that would be fine but to check with those council absent before moving ahead. Councilman Lynch noted the previous coordinator showed 10 hours a week but in reality worked much more than that and suggested that be re-evaluated before hiring someone. 2. There has been a re-organization affecting several areas which will promote more efficient operations. Councilman Pollard noted that the painting of the water tower had come in under budget and said it had been discussed that if that happened we would look into upgrading 13 005420 the part time person in the Library to a full time position. Mr. Smith said the money is different funds, but he will see if that can be accomplished through the reorganization. Tom Cravens said the contractor will start next Monday on the water tower painting. The city logo will be put on it and they hope to be finished in one month. With no further business to address, Mayor Manning adjourned the meeting at 8:48 p.m. APPROVED: · ' ' .~ ~'ng, Mayor~~ ATTEST: Patti A. Hicks, TRMC, City Secretary 00543±