Loading...
HomeMy WebLinkAbout03/06/1995 City Council 005810 MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 6, 1995 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 6th day of March, 1995, 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 Absent Rob Burchard, Councilman Present John Dillard, Councilman Present David Heiman, Councilman Present and with six present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALI JEGIANCE - Led by Mayor Manning. 2. CITIZEN INPUT Mary. Watts. 7008 Sample Dr. read from a prepared statement (See Attachment "A") questioning the decision for the City to take over the operation of Lake Lewisville State Park. She asked each member of the Council their personal opinion of the City building a marina at the park and if that possibility influenced their decision to annex the property and assume operation of the park. Ken Wood. 5000 N, Colony Blvd, read definitions of minutes from various sources. He suggested the City invest in current technology such as CD-ROM to store audio versions of the minutes. 3. MAYORAL PROCLAMATION DECLARING MARCH 13 - 19, 1995 AS CAMP FIRE BIRTHDAY WEEK Mayor Manning read a proclamation declaring the week named above as Camp Fire Birthday Week in recognition of the 85th birthday of this organization. The original signed proclamation will be mailed to the organization. 4. CONSENT AGENDA A. RECONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD JANUARY 16, 17 AND 23, 1995. Motion to approve the minutes as prepared - Burchard; second - Dillard, carried with unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF A TRACTOR/LOADER/BOX BLADE FOR THE PARKS AND RECREATION DEPARTMENT AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Bids were opened and read publicly on March 2, 1995. Staff recommendation is to award the bid to Case Power and Equipment Co. in the amount of $30,278.00. The bid is $278.00 higher than budgeted but is the lowest bid received. Motion to accept bid and award the contract as recommended by staff- I-Ieiman; second - Burehard, carried with unanimous roll call vote. C. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE REFINISHING OF THE POOL SURFACE AT THE COLONY AQUATIC PARK AND APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACT FOR SAME Bids were opened and read publicly on March 2, 1995. Staff recommends Fibre Tech, including their alternate bid to include replacement of anchors for an additional $300.00 making the total bid award $19,680.00. Motion to accept bid and award the contract as recommended by staff- Lynch; second - Burehard, carried with unanimous roll call vote. D. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS EXPRESSING APPRECIATION TO THE TEXAS TRANSPORTATION COMMISSION AND THE TEXAS DEPARTMENT OF TRANSPORTATION This resolution and the six following resolutions were requested by Denton County Commissioner Scott Armey to express appreciation for those named agencies and State dignitaries. Motion to approve the resolution as prepared - Burchard; second - Dillard, carried with unanimous roll call vote. E. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS EXPRESSING APPRECIATION OF STATE SENATOR JANE NELSON Motion to approve the resolution as prepared - Burchard; second - Dillard, carried with 00 6!6 unanimous roll call vote. F. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS EXPRESSING APPRECIATION OF STATE SENATOR DAVID SIBLEY Motion to approve the resolution as prepared - Burchard; second - Dillard, carried with unanimous roll call vote. G. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS EXPRESSING APPRECIATION OF STATE SENATOR TOM HAYWOOD Motion to approve the resolution as prepared - Burchard; second - Dillard, carried with unanimous roll call vote. H. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS EXPRESSING APPRECIATION OF STATE REPRESENTATIVE BURT SOLOMONS Motion to approve the resolution as prepared - Burchard; second - Dillard, carried with unanimous roll call vote. I. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS EXPRESSING APPRECIATION OF STATE REPRESENTATIVE JIM HORN Motion to approve the resolution as prepared - Burchard; second - Dillard, carried with unanimous roll call vote. J. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS EXPRESSING APPRECIATION OF STATE REPRESENTATIVE MARY DENNY Motion to approve the resolution as prepared - Burchard; second - Dillard, carried with unanimous roll call vote. K. CONSIDERATION OF ADOPTION OF AN AMENDED MEETING SCHEDULE FOR THE MONTH OF APRIL, BY SET'FING THE FIRST REGULAR MEETING DATE FOR CITY COUNCIL AS APRIL 10, 1995 The City Council adopted an amended meeting schedule to allow those Councilmembers desiring to attend Denton County Day in Austin on April 3, the opportunity to do so without missing a regular council meeting. 0056! Motion to change the date of the first regular meeting in April to April 10 - Burchard; second - Dillard, carried with unanimous roll call vote. L. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS SUPPORTING FEDERAL LEGISLATION THAT OUR COMMON LANGUAGE BE OUR GOVERNING LANGUAGE This item was placed on the agenda at the request of Councilman Lynch. The Federal legislation proposes that English be the one dominant and common language of our nation. Motion to approve the resolution as prepared - Burchard; second - Dillard, carried with unanimous roll call vote. 5. CONSIDERATION OF AUTHORIZING THE CONSTRUC~ON OF A SIDEWALK ALONG THE WEST SIDE OF ETHERIDGE DRIVE, FROM NORTH COLONY TO THE NORTHERN MOST END OF ETHERIDGE DRIVE Citizens in the area named above presented a request for a sidewalk to be constructed along Etheridge Drive. Mr. Smith presented staffs recommendation to construct a 5 foot wide concrete sidewalk for a maximum cost of $29,700. Lewisville school district will participate in the project. Their cost will be approximately $10,300, reducing the City expense to a maximum of $17,600. Rusty Nichols of the Stewart Peninsula Development Partners agreed to reimburse the city's expense when they develop the area. A Letter of Agreement will be drawn up. Discussion followed on controlling the speed in the area. Speed humps will be installed with appropriate signage. Motion to authorize construction of the sidewalk and install speed humps - Burcharfl; second - Lynch, carried with unanimous roll call vote. 6. CONSIDERATION OF AUTHORIZING A FISHING CLINIC TO BE CONDUCTED AT STEWART CREEK PARK BY THE METROPLEX COUNTRY MUSIC ASSOCIATION The MCMA requested permission to conduct a fishing clinic May 20, 1995 at Stewart Creek Park from 8:00 am to Noon. This will be instructional only, no actual fishing at the park. Regular admission fee will be waived for participants during clinic hours only. Admission to the clinic will be a new, unwrapped toy for a children's charity of the city's choosing. The Parks and Recreation Board has unanimously approved this event. Council approved upon receipt of Certificate of Insurance showing MCMA is properly insured and naming City as additional insured. Motion to authorize event upon receipt of proof of insurance - Lynch; second - Heiman, 8 carried with unanimous roll call vote. 9. CONSIDERATION OF AUTHORIZING A CONTRACT WITH THE COLONY YOUTH SOCCER ASSOCIATION FOR THE INSTAI IATION OF LIGHTS AT TURNER SOCCER FIELDS Alice Friend of The Colony Youth Soccer Association discussed the diagram of the soccer fields showing the need for additional lighting at the Turner Street Soccer Fields. The Association has allocated $40,000 to install lights and requested the City contribute the additional funds needed to complete the project. The city's portion will be $12,000 to $15,000. Mr. Smith said staff supported this request which would upgrade city facilities without the city having to fund the entire amount. Motion to approve funding not to exceed $15,000 - Pollard; second- Dillard. Motion carried with the following roll call vote: Ayes. Lynch, Pollard, Burchard, Dillard, Manning. Nays - Heiman. 7. CONSIDERATION OF APPROVAL OF A FINAL PLAT OF 25.09 ACRE TRACT LOCATED AT THE WEST END AND SOUTH OF N. COLONY BOUI.EVARD, AS PRESENTED BY STEWART PENINSULA DEVELOPMENT PARTNERS Stewart Development Partners requested approval of the final plat for Southshore, Phase 2, which will create 67 lots for detached single family housing. Planning and Zoning considered the request at their February 28, 1995 meeting and recommends approval of the final plat subject to all staff stipulations as follows: 1. Add the city's Owners Dedication Statement to the plat. 2. If there is no lien holder on the property, add the following note to the plat: "To the best of my knowledge, there are no liens against this property", and provide a signature line for the property owner. 3. Add city file No. 02-95FP2 to the plat. 4. Amend Lots 8 and 9 of Block D to achieve the required minimum lot frontage for Tract Al. 5. Label and dimension the dedicated right-of-way for Stewart Boulevard on the plat. 6. Correct the Surveyors Certificate and Notary Statement, the names do not match. 7. Lot 10 of Block E is a key lot. Label it with a 25 foot side yard building line. 00562 8. Label the areas along and adjacent to the south fight-of-way of N. Colony Boulevard as "Common Area" on the plat. 9. Place the street name for N. Colony Boulevard within the boundaries of the plat and label it as fight-of-way. 10. Abandon the existing Denton County Co-Op easement and the temporary street and drainage easement on the plat. 11. Label the front building line on Lots 11 and 12 of Block E as 25 feet. 12. Provide a table that indicates the lot sizes for all of the irregular shaped lots on the plat. Motion to approve the final plat with stipulations as set out - Pollard; second - Heiman, carried with unanimous roll call vote. 8. CONSIDERATION OF APPROVAL OF A FINAL PLAT OF 45.80 ACRE TRAC-W LOCATED AT THE WEST END OF N. COLONY BOLII.EVARD, AS PRESENTED BY STEWART PENINSULA DEVELOPMENT PARTNERS Stewart Development Partners requested a final plat for Cottonwood Springs, Phase 1, which will create 180 lots for detached single family housing. Planning and Zoning considered the request at their February 28, 1995 meeting and recommends approval of the final plat subject to all staff stipulations as follows: 1. Add the city's Owners Dedication Statement to the plat. 2. ff there is no lien holder on the property, add the following note to the plat: 'q'o the best of my knowledge, there are no liens against this property", and provide a signature line for the property owner. 3. Add city file No. 02-95FP3 to the plat. 4. Amend Lots 31, 32, 34 and 49 of Block E to achieve the required minimum lot frontage for Tract B4. 5. Amend Lot 45 of Block G to achieve the required minimum lot square footage for Tract B3. 6. Label Acacia Trail as 60 feet right-of-way on the plat. 7. Label all building lines on the plat. 10 8. Provide a table on the plat that indicates the lot area of each irregular shaped lot. Additional discussion of the placement of utilities and proximity to Stewart Creek Park and construction of park road. Motion to approve the final plat with stipulations as set out - Burehard; second - Dillard, carded with unanimous roll call vote. 10. CONSIDERATION OF ACTION REGARDING THE EXISTING CONTRACT AND PROPOSED CONTRACT WITH WASTELINE ENGINEERING AND OVERAIJ. PROJECT NEEDS REVIEW FOR THE EXPANSION OF THE WASTEWATER TREATMENT PLANT Mr. Smith explained that latest reports show we do not need to begin expansiOn until 1999. Upon advice from the City Attorney, the current contract should be terminated and a new contract be negotiated just for the sludge disposal and necessary upgrades to existing facility. Whatever we decide, the information must be submitted to the TWDB by the first of April in order for us to be on the May agenda. Councilman Burchard proposed this item be tabled or postponed as Mr. Smith is meeting with TWDB during his trip to Austin and will have more updated information to present to Council before the March 20 meeting. A decision could be made at that time and still meet the April 1 deadline. Motion to postpone this item until the March 20 meeting - Burehard; second. Lynch, carried with unanimous roll call vote. 11. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS APPROVING THE APPLICATION OF THE HOUSING FINANCE CORPORATIONS ACT TO PROPERTY WITHIN THE CITY The Denton County Housing Finance Corporation program makes low interest rate mortgage loans to first time home buyers. The Colony will be an eligible loan area upon the passage of this resolution and filing it with the Attorney General. Motion to approve resolution as prepared - Lynch; second - Heiman, carried with a unanimous roll call vote. 12. REVIEW AND DISCUSSION OF ARTICLE 3.1 OF THE FIRE DEPARTMENT VEHICLE POLICY RELATING TO EMERGENCY DRIVING AND CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE DISCUSSION 11 Councilman Heiman expressed concern about the Fire Department's policy statement regarding adhering to all traffic laws while responding to an emergency situation. Chief Van Morrison stated that the policy has now been amended to comply with Vernon's Statutes and it was an oversight that this portion of the Policies and Procedures manual was not corrected. They are required to respond as quickly as possible without jeopardizing public safety. 13. CITY MANAGER AND STAFF REPORTS 1. Kid's Colony Park has requested the City to retire the debt balance on the park in the amount of $2,328.12. Mr. Smith feels this can be accomplished without any action from Council at this time. 2. The Colony Municipal Economic Development Corp. (4B) is moving along with the development of the golf course on Wynnewood PeNinsula. Matthews Southwest has changed financial consultants and all parties will meet with the Corps tomorrow. A new feasibility study will be conducted. This will be financed by the developers. 3. Lake Park - Pam Nelson, Director of Parks and Recreation has offered the job as Park Manager to an applicant subject to routine hiring testing. He will begin March 27. We should begin joint operation of the Park April 17 with complete turn over on May 1. 4. Residential Standards - City Planner Sam Chavez said the residential standards in place are adequate but we need to review the non-residential. Mayor Manning proposed a 30 minute work session prior to the next meeting to discuss. , 5. Thoroughfare Plan - should be available for review at the March 20 meeting. 6. Gifford - Agreements have been signed. Developer is requesting reconsideration of the zoning request. With no further business to address, Mayor Manning adjourned the meeting at 9:45 p.m. APPROVED: ~V~illiam W- ~ ' --,' May°r <~ ATFEST: _ Sandie Chance, Deputy City Secretary 12 March 6, 1995 My name is Mary Watts. I live at 7008 Sample Drive Mr. Mayor, Council, Mr. Smith... Let me read to you a quote from the September 23rd issue of the DALLAS BUSINESS JOURNAL. The entire front page addressed the phenomenal growth in our area and officials from Richardson, Plano and Frisco were kind enough and generous enough to tell us how to avoid serious, costly, major mistakes. The article is titled "One Step Ahead of the Boom." "Inexperienced officials can mortgage the future recklessly, overreaching finances, underestimating electorates and embracing ... shoddiness in the name of progress." Last week the issue of Lewisville State Park was discussed and voted on. Council had previously voted to annex the park area into our city limits which I took to mean - whether we took control of the park operations or not, we were responsible for providing police security, emergency personnel, etc. as we would to every part of our city. If the Corps of Engineers took over operations and occupied the park that's no big deal. But if the Corps didn't and we didn't that would mean a very large piece of real estate at a location remote to the rest of our city, was abandoned - and I suspected it wouldn't take long for our youth to realize how cool that prospect might be. But I continued to feel that the takeover just wasn't a good idea. I called Johnny Smith. He advised that the Corps had not yet approved the annexation into city limits and we could withdraw our request at any time. I started asking myself why council had voted to take over the park even with the certainty of thousands of dollars - maybe even a $150,000 - worth of critical "improvements." Then I remembered certain council member's position on the Marina issue. That the city could benefit from having a marina - but not at Colony Bay. Not only could the city benefit from HAVING a marina but OWNING the marina would be of enormous benefit. And from their point of view, Lewisville State Park was the PERFECT location. Even musing publically in Council that the City could issue $6 million in bonds to own and operate a marina just like it is planning to do with the 18-hole golf courses. (That was assuming the electorate would approve a bond issue.) Then I thought back to who voted for a marina but specifically not at Colony Bay and it occurred to me that the same people who voted for that have voted to take over Lewisville State Park. Now I am wondering if there is a connection. Mr. Mayor, as a citizen, may I poll the Council? FOR THE OFFICIAL RECORD, on behalf of the City or ]personallly - now or in th--~-f~tu--~-- do you intend to persue / ~evelopment of a marina at Lewisville State Park? Yes? or No?<~ For those of you who answered "No" I ask, why have you voted to "embrace ... shoddiness in the name of progress, overreaching the finances of our city, thereby mortgaging our future recklessly?" Are you leading us down a path similar to Orange County, California? For those of you who answered "Yes" I say, as an informed citizen, I fear you are putting this city in danger of a Conflict of Interest lawsuit by the Colony Bay Marina Developers. Our city officials approached those developers and asked that they put their time, money, and energy into preparing a plan and you city officials are in essence saying, "Thank you very much. We will now build it ourselves." Considering experienced developers don't feel the financial potential is at Lewisville State Park and the GeoMarine report states building at the southern end, i.e. Colony Bay, will give the quickest return on the money, the City would be playing somewhat fast and lose with taxpayers money to build. Last, but no least - even most importantly - a city should not be in the business of owning businesses. That's what socialism is.