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HomeMy WebLinkAbout12/05/1994 City Council0 J549o MINUTES OF THE CITY COUNCIL MEETING HELD ON DECEMBER 5, 1994 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 5th day of December, 1994, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Mayor Pro-Tem Present Toby Pollard, Councilman Present Kay Hardin, Councilman Present Rob Burchard, Councilman Present John Dillard, Councilman Present Lynda Tate, Councilman Absent and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT - None 3. PRESENTATION OF ! ~ETrER OF COMMENDATION TO CRAIG PARRISH, CITY EMPLOYEE Mayor Manning read a letter of commendation to Officer Craig Parrish recognizing him for his services rendered to the police department and the fire department. Officer Parrish is a peace officer for The Colony Police Department and a volunteer fireman for The Colony Fire Department. Police Chief Bruce Stewart and Fire Chief Van Mordson both praised Officer Parrish for his dedication and commitment. 4. MAYORAL PROCLAMATION DECLARING DECEMBER AS NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH Mayor Manning read the prod_amation in it's entirety as follows: WHEREAS, drivers and pedestrian.q impaired by alcohol and other drags account for nearly 17,500 highway deaths annually; and WHEREAS, motor vehicle crashes are the number one cause of death for children, adolescents, and young adults in the United States; and 4 005'49 ' WHEREAS, alcohol is involved in nearly half of all traffic fatalities; and WHEREAS, injury and property damage resulting from impaired driving cause physical, emotional, and economic hardship for hundreds of thousands of adults and young people; and WHEREAS, comprehensive community-based strategies to further reduce and prevent impaired driving tragedies are known; and WHEREAS, health care costs resulting from motor vehicle injuries cost American society over $14 billion a year; and save $35,000 in health care costs alone for each serious injury that is prevented; and WHEREAS, if we take a stand now, we can prevent impaired driving; NOW THEREFORE, I, William W. Manning, Mayor of the City of The Colony, Texas, do hereby proclaim December, 1994 to be NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH in The Colony. I also call upon all citizens, government agencies, public and private institutions, businesses, hospitals, and schools in The Colony to promote awareness of causes of driver impairment, existing and proposed laws intended to further reduce and prevent impaired driving, and opportunities to establish safer and healthier norms regarding the use of alcohol and other drugs for all citizens, particularly our young people. SIGNED AND SEALED this 5th day of December, 1994. William W. Manning, Mayor This proclamation will be mailed to the Texas Department of Transportation. 5. PUBLIC HEARING IN ACCORDANCE WITH SECTION 43.052 OF THE LOCAL GOVERNMENT CODE FOR THE PURPOSE OF CONSIDERING THE INSTITUTION OF ANNEXATION PROCEEDINGS ON THE BELOW DESCRIBED PROPERTY APPROXIMATELY 1135 ACRES OF PROPERTY GENERAl I.y LOCATED ALONG THE NORTHWESTERN CITY LIMIT LINE, ALONG THE SOUTH SIDE OF HACKBERRY CREEK, NORTHWEST LINE OF WYNNEWOOD PENINSULA AND ALONG THE SOUTHERN, WESTERN AND NORTHERN LINE OF LAKE I.~WlSVII.I.~ STATE PARK Mayor Manning noted that the correct description is Northwestern City Limit Line. Motion to open the public hearing - Bm'chard; second - Dillard, carried with ail members voting aye. Mike Audley, 2105 Golden Spur, Saratoga, advised that he represents several residents of Saratoga who are unsure about this annexation. He also said they want to know if a marina is going to be built at or around Lake Lcwisville State Park and how they can voice a complaint. Going on, Mr. Audley asked how the city can annex property which is not adjoining the current city limits. Mr. Smith advised that part of the application requirement to take over Lake Lewisville State Park is to provide a 5 year development plan and noted that at this time there is no marina included in the plan. Mr. Smith said the city intends to look at a feasibility study in the 3rd year regarding docks, etc., but that he doesn't believe the area is suitable for a marina. Mr. Smith said the city can annex within it's ETJ and advised that Phase I of the annexation has been complete which allows the initiation of this annexation (Phase II). Mr. Smith went on to say the city needs to annex the park so that codes and ordinances can be enforced. He said we hope to work with the County to improve traffic flow in the area. Mr. Smith noted that some items included in the 5 year plan are a Pioneer Village, Senior Citizen Activities, and Youth Activities. Mr. Audley asked if the residents of Saratoga would be contacted when the study is done and Mr. Smith said they would be. Mr. Audley said they are not concerned with the annexation, but they are concerned about a marina being put in the area. Mr. Smith said he cannot speak for the council, but that he could appoint a sub-committee and include a member of the Saratoga Homeowner's Association on that committee. A1 Cortes, 1411 Windjammer, Wynnewood Haven Estates, said this area is between the park and the City and it appears the dty is annexing Wynnewood Haven. Mr. Smith advised we are not. Mr. Cortes said the annexation must be illegal then, because it could not be contiguous according to Commissioner Kirk Wilson. Mr. Cortes said all the residents at Wynnewood Haven are against a marina in their area and Mr. Smith advised him that there are no plans to build a marina in that area. Mr. Cortes requested to be placed on the City Council agenda mailing list. Motion to close the public hearing - Burchard; second - Dillard, carried with all members voting aye. 6. PUBLIC HEARING ON APPLICATION OF HENRY BIILINGSI.EY DBA CROW/BILLINGSLEY COMPANY SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY, TEXAS AMENDED BY AMENDING SECTION 2, PARAGRAPH A IN ORDINANCES 369 AND 382 RELATING TO THE BELOW DESCRIBED PROPERTY APPROXIMATELY 648 ACRES GENERAI J.Y LOCATED SOUTH OF STATE HIGHWAY 121 AND WEST OF THE BURLINGTON NORTHERN RAILROAD 6 o0~ Motion to open the public hearing - Pollard; second - Hardin, carried with all members voting aye. Sam Chavez, City Planner advised that the applicant has requested to amend Section 2(a) of Ordinances 369 and 382 which will allow Multi-Family Residential uses within 250 feet of Springcreek Parkway, Plano Parkway and a projected east-west major thoroughfare. Mr. Chavez said the site is zoned Business Park and the Multi-family residential district has an allowable maximum density of 24 dwelling units per acre. Mr. Chavez said the Planning and Zoning Commission did make a favorable recommendation with a three (3) year time limit for the proposed amendment. He noted the City Council and the Commission still retain the ability to assess the proposed development in order to ensure the site complies with all applicable zoning ordinances via the site plan approval process. Councilman Burchard asked if this amendment will leave the city with a tract of land not suitable for business park and if the owner would then come back to the city for another request. Mr. Henry Billingsley, owner of the tract, said this amendment covers the entire 650 acres and will allow Multi-family within 250 feet of the thoroughfares. He said in every multi-family zone the developers will want visibility from the (major) streets. He said at the time the zoning is done, there will be another tract designated in the same area, that will not be used for multi-family, which will keep the same amount of multi-family on the tract. Mr. Billingsley also noted that there are some intersections which are not suitable for multi- family. Mr. Billingsley said they had first thought businesses would develop first, but it now appears the multi-family will be the first to develop. Councilman Lynch asked if all land considered multi-family or business park is considered buildable. Mr. Billingsley stated this property is very large with several lakes. He said the lakes are a great amenity but if the property cannot be marketed with the lakes, then the lakes will be drained and all the land will be built out. He noted the exchange will be dry land for dry land. Councilman Pollard asked if the multi-family includes the bonus and Mr. Billingsley said this property was zoned before there were bonuses in the code and that only 4-6 units could be added. Councilman Pollard encouraged Mr. Billingsley's participation in the development of a Comprehensive Master Plan for the City and Mr. Billingsley said he would be happy to assist. Councilman Lynch noted that at the Planning and Zoning meeting it was noted that the developer volunteered to go along with the future requirement for sprinklers in apartments and stated that masonry will be addressed at site plan approval. Councilman Burchard said in other Planned Development areas, there is a masonry percentage stipulated and asked if this one will be flexible. Mr. Chavez said they will have to comply with the current codes because there are no stipulations in this Planned Development Ordinance. Councilman Pollard noted the three year time limit is not in the proposed ordinance and Mr. Chavez said it can be added. Mr. Billingsley said this was agreed to at the Planning and Zoning Commission meeting. Motion to close the public hearing - Burchard; second - Dillard, carried with all members voting aye. 7 7. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD NOVEMBER 21, 1994 Motion to approve the minutes as written - Lynch; second - Dillard, carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE GRANTING A CHANGE IN THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF THE COLONY, TEXAS BY AMENDING SECTION 2, PARAGRAPH A IN ORDINANCES 369 AND 382, Al.LOWING MULTI-FAMILY RESIDE~ USES WITHIN 250 FEET OF SPRINGCREEK PARKWAY, PLANO PARKWAY AND THE PROJECTED EAST-WEST SIX-LANE DIVIDED MAJOR THOROUGHFARE, THROUGH THE BELOW DESCRIBED PROPERTY APPROXIMATELY 648 ACRES GENERAI.I.Y LOCATED SOUTH OF STATE HIGHWAY 121 AND WEST OF THE BURLINGTON NORTHERN RAILROAD Motion to approve the ordinance as agreed to in the public hearing - Lynch; second - Dillard, carried with a unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF A GROUND I.RASE AGREEMENT BETWEEN THE CITY OF THE COLONY AND PENINSULA GOLF ASSOCIATES FOR THE PURPOSE OF DEVELOPING A RECREATIONAL AREA WITHIN STEWART CREEK PARK Councilman Lynch said 98% of this agreement had been approved but there were two points not addressed in this version. Mr. Smith said there will be no drilling unless it is authorized by the Corps of Engineers. Councilman Lynch said our ordinance allows wells only for irrigation purposes and that Mr. Nichols had said the water might be run to the club house. Councilman Lynch said if a well is drilled, we need to be sure the city is covered in case of violations of EPA standards. Mr. Smith said he will be sure the city is held harmless regarding drilling, use and closure of wells. Mr. Nichols said with regard to restoration, they will handle is as far as the Corps requires. Councilman Lynch said he is not comfortable if the city has to pay for any restoration. Motion to approve with the two items added as noted - Lynch; second - Dillard. Councilman Pollard asked about restoration and Mr. Don Jackson, attorney for Peninsula Golf Associates, stated the Corps has just issued new rules for restoration which 8 are much more detailed than this lease agreement. Councilman Pollard said ff that is so, then he is satisfied. Motion carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES RELATING TO ANIMAL CONTROL Councilman Pollard asked if the fees outlined in section 5-24 for annual inspections for businesses in excess of 3000 square feet are in line with other ciries. Ms. Kim Wagner, chairman of the committee, said they are and noted that will not apply to very many businesses at this time. Motion to approve the ordinance as written - Pollard; second. Lynch, carried with a unanimous roll call vote. 8. CONSIDERATION OF A RESOLUTION PROVIDING SANITARY RATES FOR THE COI J.ECTION OF SOLID WASTE Motion to postpone until the December 19, 1994 meeting - Pollard; second - Hardin, carried with a unanimous roll call vote. 9. CONSIDERATION OF AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR PARTICIPATION IN THE COPS FAST HIRING GRANT Mr. Smith stated that the City is going to have to add officers in the next 2 - 3 years and if we can get this grant it would offset the costs of hiring officers for a time. He did note that the city would have to assume the costs when the grant is over in three years. Mr. Smith said when we projected the need for cars, we knew we would have to add people too and this grant would allow us to get a return on some of our tax dollars. He said the city's match will have to be new money and it is up to the council to decide ff we should pursue this grant and how m.any officers we should request. He said the cost for 6 officers in three years would be $225,000.00. Councilman Lynch said the letter indicates the grant will not pay certificate pay, however, our application lists it. Lt. Mills said the step plan salary plus benefits was used and that he believes we are on line with these figures. He said we calculated the full package so we would know the dty's responsibility. Mr. Smith said these figures will be double checked before they are submitted. Councilman Lynch questioned the different percentages shown in the application and Lt. Mills said he wanted the Council to be able to see the two different options, but went on to say if we receive the grant, the first year will be 75%, second year 65% and the third year 55%. Councilman Burchard asked how the city would fund these officers after the grant rum out and Mr. Smith said these costs would have to be added to the budget each year. Mr. Smith said at this time, he can't tell the council where the money will come from. 9 Councilman Burchard asked if the council is being asked tonight to agree to this and Mayor Manning said this does not commit the dty to any funds but approves the submission of the application. Lt. Mills said these figures are for the council's information and when this application is submitted then a formal application will be received and at that time, the council will have to decide how many officers to request. Mr. Smith agreed and stated that will be when we have to lock in to the obligation. Councilman Dillard said there is no guarantee we will be approved for the grant and noted this is just approval to submit the application. Councilman Hardin said according to staff projections, we will need 3 officers in the next 3 years and then asked if they (Justice Dept.) deride the amount of funds we will receive. Lt. Mills said yes, they will based on the information we sent them. Councilman Hardin asked if 4 officers shown in the staff projections is overkill. Mr. Smith said his projections were done for vehicle use, not manpower. Chief Bruce Stewart reminded everyone that the national average is 2.5 per thousand population and that we are at 1 per thousand. Councilman Pollard said the project looks good and that his concern is the 4th year when the city has to pay the full costs. He said everyone knows we need more police personnel, but that we need more fire personnel also. Coundlman Pollard said he doesn't want to get more than we need just because it is subsidized. He suggested getting 2 police officers and then get 2 fire personnel. Mr. Smith agreed with that concept, but stated the Council has to make that decision. He said we are behind in public safety personnel and ff we choose to add 3 officers over the next 3 years and add fire personnel as well, the increase will not be as fast as the chiefs would like. He asked Chief Stewart to respond. Chief Stewart said there have been discussions about taking in more land, multi-family development, etc. and stated there is no way to get by without adding 3 - 6 officers in the next few years. He said he does not recommend going with the grant just to get the money and then letting those people go at the end of the grant funding. Mayor Manning said we are behind the 8-ball regarding public safety personnel all around and recommended authorizing submission, and that before the formal application is submitted, the council sit down with both chiefs and discuss how the dty will handle public safety needs in the future. Councilman Lynch asked what the time frame would be and Lt. Mills said the next submittal will be in February and then we won't know anything until June or July 1995. Councilman Lynch said we are not looking at the big picture and agreed that we need to address the future. Councilman Burchard said we hope the tax base will be better in four years and that we will be better able to sustain the costs at that time. He said this council as well as others nickel and dime in many areas and we never have enough money to hire officers. Councilman Burchard said this will force us to dedicate money to pay for these officers. Councilman Dillard said the sprinklers in multi-family will reduce the work for the fire personnel in that respect, and then he agreed with the Mayor regarding submitting the application. He stated there will be ample time for the (Federal) government to reject us so we should submit the application to see where we stand. Mr. Smith responded to the statements about not addressing the future by reminding 10 the council that 5 year plans have been submitted for the past several years, but they have not been addressed during the budget sessions. Councilman Lynch said if the council had known about this when the vehicle policy was discussed, more research might have been done on the policy. Mayor Manning noted that the Crime Bill had not been approved at that time. Motion to approve the submission of the application - Lynch; second - Dillard, carried with a unanimous roll call vote. 10. CONSIDERATION OF APPROVAL OF PAY PLAN MODIFICATIONS FOR POLICE AND FIRE PERSONNEL Mr. Smith gave the background of this item, stating that if the council goes along with the recommendation of the Personnel Committee we will be well within the approved budget. He said we are not asking for more money, noting this is a one time 3% across the board increase, which is not guaranteed for next year. Mr. Smith reminded the council that public safety employees have not received an increase in 3 years. Mayor Manning said during the committee meeting they found that since fire and police personnel have been on the fast track plan, the merit system doesn't work well for their increases. He said the whole pay plan needs to be re-vamped for them. Chief Stewart said the problem with the merit system is there are long-tenured employees who would not receive their merit increase until late next year and some who have not been here as long will receive their merit increases sooner, making those employees receive a higher salary than those who have been here a long time. He said within the police department there are 3 patrol shifts, with 3 different supervisors and all 3 have different jobs, noting that deep nights is a less active shift than the others. Chief Stewar said increases based on merit are not really fair to everyone. Chief Stewart said this recommendation seemed fair to all at no increase in funding. Councilman Lynch asked why the increases in the fire department show an overall decrease, but in the police department it does not, noting the percentages are the same so the percentage of savings should be the same in both departments. Ms. Margaret Burkett said some of the savings in the fire department is due to a long time employee who left the employ of the city just after the budget was presented and has been replaced by a new employee making less money. She went on to say the figures fluctuate because merit increases are done by anniversary dates. A lengthy discussion followed regarding how salaries fluctuate and why. Councilman Lynch said there are different type jobs all over the city and that he thinks we need to keep working toward the merit system and that it is up to supervisors to make it work. He said he still doesn't understand why the numbers don't match. Councilman Pollard suggested a work session, going on to say he is not saying this shouldn't be done, but that he needs to look at all the information. Mayor Manning asked if staff was called prior to this meeting regarding these issues (which have been brought up tonight). Mr. Smith said he spoke to Councilman Hardin and Councilman Lynch and noted that Councilman Hardin met with Chief Stewart. 11 00550o Councilman Burchard said his definition of a merit system is, "it is based on how an employee performs his job, not how he compares to other employees". He said it appears that is not the way the system is working, stating that if an employee is doing his job well, then he deserves a merit increase. He went on to say that he understands why the fire department needs to be separated because they have to function as a team, but that doesn't apply to police officers because they work independently. Councilman Burchard asked what the basis for the fast track plan is. Chief Stewart said it is his understanding this was implemented several years ago to allow the city to be competitive. Councilman Burchard said based on the salary survey, we are competitive and noted the $300.00 benefit for the take home policy is not taken into account. Ms. Burkett said we are losing officers to other cities. She said the fast track plan helped us to keep officers whereas before we were a training ground for officers. Mayor Manning also suggested a work session. Councilman Dillard said he thought the pay plan had been reviewed and Mayor Manning said it has but now we need to identify a way to address public safety increases. Councilman Dillard asked if increases will be approved now or if it will wait until January. Mayor Manning said if we wait the increases should be retro-active to January 1, 1995. Mr. Smith said the merit is already included in the budget and the Chiefs could go ahead and implement the plan. Chief Stewart said if this 3% increase is not approved he will go ahead with the merit plan. Ms. Burkett noted that last year the merit system was approved for other city employees, but the money was not approved until this year. She reminded the council that last year there was a 3% across the board increase for all other city employees in January 1994, while the public safety employees got nothing. Motion to approve the 3% across the board increase for January 1, 1995 as presented by the Personnel Committee - Dillard. Died for lack of second. Mayor Manning stated the council will now have to re-hash what the committee has already discussed. Brief discussion regarding dates for a work session. Motion to postpone this item until January 3, 1995 work session - Burehard; second - Hardin, earned with the following roll call vote: Lynch - Aye, Pollard - Aye, Hardin - Aye, Burchard - Aye, Dillard - Aye, Manning - No. 11. CITY COUNCIL COMMITTEE REPORTS - None 12. CITY MANAGER AND STAFF REPORTS Mr. Smith advised the Council that instead of a report at this time, he had handed out a memorandum giving a summary of several ongoing projects and issues. Councilman Burchard said he was sure by now everyone was aware of Councilman Tate's letter of resignation and asked how this position would be filled. City Secretary, Patti Hicks read Section 2.06 of the Charter relating to filling of vacancies and stated that the 12 position would be advertised in the paper beginning next week. Mayor Manning noted the deadline for appointment would be January 19, 1995 and suggested interviewing applicants on January 16, 1995 with appointment tentatively to be made the same night. All council agreed. With no further business to address, Mayor Manning adjourned the meeting at 9:30 p.m. APPROVED: ' William W. Manning, lVlVayor <_~ ATFEST: Patti A. Hicks, CMC/AAE, City Secretary 13