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HomeMy WebLinkAbout11/11/1995 City CouncilO0b80a MINI/rES OF THE CITY COUNCIL MEETING HELD ON SEP'rEMBER 11, 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 llth day of September, 1995, at City Hall with the following Council members in attendance: William W. Manning, Mayor Present Bill Longo, Councilmember Present Mary Watts, Councilmember Present Kay Hardin, Councilmember Present Rob Burchard, Councllmember Absent due to business John Dillard, Councilmember Present G. David Heiman, Councilmember Present and with six present, a quorum was established and the following itemq were addressed: 1. PLEDGE OF AI.I.EGIANCE 2. CITIZEN INPUT Betty_ Ouin¢ll. $544 Gates Dr.. addressed the council about the problems of children committing vandalism in our city. She stated she had been a recent victim and was informed by the police officer who answered her call that 90% of his calls after school hours are for vandalism. She also stated that she travels frequently in her job and is concerned about being out of state should this happen again. She would like the council to take the measures necessary to curb this problem by adding officers, setting high fine amounts agaln.qt parents who do not control their children or whatever it takes. 3. PRESENTATION OF CITIZEN COMMENDATIONS BY THE POLICE DEPARTMENT Acting police chief, Bruce Stewart, presented commendations to J. Michael and Martin Catt of the Digital Magic Factory for their assistance in a recent robbery. They provided professional technical help at no cost to the city by preparing still photos and a computer program of the suspects from the security film from the scene. The department was able to distribute the pictures quickly. Mike and Martin Catt were in attendance to receive the commendations. 4. PUBLIC HEARING REGARDING AN INCREASE IN TIKE EFFECTIVE TAX RATE OF OVER 3% This public hearing is required because the proposed tax rate is higher than the 4 008'80b effective tax rate (.77689). Although a decrease in the ad valorem tax rate is being proposed by staff, that rate of $.795 is still above the effective tax rate. Motion to open the Public hearing - Dillard; second - Heiman, carried with all voting aye. Mike Miller, 4520 Lake Ridge, stated he has moved into the city_from Washington state. Although the valuation of his house was much less here, his taxes were almost three times as high and he did not feel he was receiving the services or amenities his former community offered. Motion to close Public Hearing - Heiman; second - Dillard, carried with all voting aye. 5. PUBLIC HEARING OF THE CITY COUNCIL IN ACCORDANCE WITH SECTION 43.052 OF THE LOCAL GOVERNMENT CODE AND SECTION 1.03 OF CHAPTER 1 OF THE HONfE RUI.F. CHARTER OF THE CITY OF THE COLONY, TEXAS, FOR THE PURPOSE OF CONSIDERING THE INSTITUTION OF ANNEXATION PROCEEDINGS TO ANNEX ALL THAT LOT, TRACT, PARCEL OF LAND GENERALLY DESCRIBED BELOW APPROXIMATELY 266 ACRES GENERALLY LOCATED SOUTHEAST OF THE CITY, BOUNDED ON THE EAST BY THE BURLINGTON NORTHERN RAILROAD, LOCATED NORTH OF F.M. 544, SOUTH OF S.H. 121 AND THE WESTERN PORTION LYING PARTIALLY ALONG THE DENTON COUNTY/COLLIN COUNTY LINE This is the first of two, required public hearings required in the annexation of the above described property. Mr. Smith, City Manager, outlined the background of this request. Motion to open Public Hearing - Watts; second - Longo, carried with all voting aye. Councilman Dillard asked about the development plans for this property. Mr. Henry Billingsley, property owner, stated they would seek zoning similar to that of the other acreage already in our city for development which would be compatible throughout. The actual final development would be based on demand. Councilman Hardin asked about the time frame for the development. Mr. Billingsley said development of the first 50 to 60 acres could start in the next 12 to 18 months. The balance will develop based on demand. Mike Miller, 4520 Lake Ridge.., asked if the developer was actively seeking clean industry to help with the city's tax base. Mr. Billingsley responded that they have been looking for such developments but have been unsuccessful so far. It is their preference to have such a development. They do not want single family. Mr. Miller then ask if they would apply to the city for tax abatements for development. Mr. Billingsley said they would 5 if necessary. It has become a standard practice these days for cities to offer incentives for businesses to locate in their community. Councilman Hardin asked about the zoning. Mr. Billingsley said it is currently zoned commercial. This allows business development and multi-family. Betty_ Ouinell. 5544 Gates, asked why they'were disarmex:ing from Carrollton and annexing to The Colony. Mr. Billingsley stated The Colony has offered more flexibility for development than Carrollton. Ms Quinell asked that the Planning and Zoning commission watch development carefully. The citizens are not interested in more single family development, they want businesses that will help our tax base. Councilman Dillard asked Mr. Billingsley to indicate proximity of the property to the toll road on the map. Mr. Billingsley showed the property would be w/thin a minute's drive of the toll road. Helene Rooney. 5301 N. Sager~, asked that council be careful that no more single family was built. The school district is already stretched to the limit trying to keep up with the new students coming into the district. Mr. Don Blackwood, property manager, said there have never been and are not now any plans for single family. This is another reason they want to bring the property into The Colony. Carrollton wants single family on this property. Motion to close Public Hearing - Longo; second - Heiman. Carried with all voting aye. 6. PUBLIC HEARING AS REQUESTED BY THE CITY OF THE COLONY TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY BY DELETING THE PROTECTIVE COVENANTS ON -- PROPERTY CURRENTLY ZONED OFFICE ONE (O-1) AND AS DESCRIBED BELOW The property described above was zoned in 1985 and at that time protective covenants were placed on the property which put unreasonable restrictions on development of the property. Staff has iniflated this action to remove the restrictive covenants. Motion to open Public Hearing - Dillard; second - Heiman. Carried with all voting aye. Councilman Hardin clarified that this was done originally to protect the view and there is no view for the homeowners on the east side of Main Street. Mr. Sam Chavez, City Planner, agreed this was the purpose. Motion to close Public Hearing - Longo; second - Watts. Carried with all voting aye. 7. CONSENT AGENDA Mayor Manning summarized the items on the Consent Agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE 6 COUNCIL MEETINGS HELD AUGUST 7, 21, AND 28, 1995 Motion to approve minutes as written - Hardin; second - Dillard, carried with a unanimous roll call vote. B. CONSIDERATION OF AN ORDINANCE GRANTING A CHANGE IN ZONING ON PROPERTY CURRENTLY ZONED OFFICE ONE (O-1) ELIMINATING PROTECTIVE COVENANTS ON SUCH PROPERTY, AS DESCRIBED BELOW This ordinance eliminates the covenants placed on the above described property. Motion to approve ordinance as written - Hardin; second - Dillard, carried with a unanimous roll call vote. 8. CONSIDERATION OF AUTHORIZING THE RENEWAL OF THE AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR EMPLOYEE INSURANCE COVERAGE, AND AUTHORIZATION FOR TEXAS MUNICIPAL I-I~.AGUE TO ADMINISTER THE COBRA COVERAGE Margaret Burkett, Personnel Director, explained this will continue the city's agreement with T.M.L. to provide insurance coverage for employees. There is no increase in medical rates again this year and a 5% increase in dental rates. This year in addition to health, life and dental, the vision coverage will be included. Staff also requested approval to allow T.M.L to administer the COBRA plan. This is the federally mandated requirement for employers to offer a continuation of medical and dental coverage to an employee upon termination. Coverage may be continued at the employee's expense for up to 18 months. Currently staff is handling and it has become a time consuming burden. T.M.L. will handle the paperwork and billing for a one time fee of $50 per employee. This is reported at the time the employee terminates and makes the request for a continuation of coverage. The charge is billed on our next monthly statement from T.M.L. and city pays the fee in full. Motion to authorize renewal of Agreement with T.M.L - Longo; second - Heiman. Motion carried with all present voting aye except Manning who abstained. 9. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES BY ADDING A NEW SECTION 2-19 CREATING A MUNICIPAL COURT BUII.DING SECURITY FUND Mayor Manning explained that this is the first reading of the ordinance and no vote will be taken at this time. Mr. Smith stated new legislation has been approved which allows municipalities to create a Municipal Court Building Security Fund. The creation of this fund may require a defendant convicted of an offense to pay an additional $3.00. The 7 monies collected are then deposited in the "fund" and may be used only for specific purposes dealing with security in the municipal court area. -- Councilman Dillard said we must be careful not to separate ourselves too far from the citizens. 10. CONSIDERATION OF AUTHORIZING THE EMPLOYMENT OF A PROFESSIONAL ENGINEER TO REVIEW AND RECOMMEND UPDATES TO THE IMPACT FEES FOR THE CITY OF THE COLONY The City Manager and the City Planner recommend employing a professional engineer to assist in the updating of the city's impact fees. By State law these must be updated every three years. The firms of Hunter & Associates and J.T. Dunldn are recommended. Both have experience with our community. It is expected to cost less than $10,000 which will be paid out of impact fees. Councilman Hardin asked if other, fees would be looked at. Mr. Smith said yes but they would be reviewed by the Fees Committee. Motion to authorize employment of professional engineer for review of impact fees - Heiman; second - Dillard, carried with unanimous roll call vote. 11. CONSIDERATION OF APPROPRIATE ACTION IN REGARD TO THE AGREEMENT WITH WASTEL/NE ENGINEERING, INC. FOR THE WASTEWATER TREATMENT PLANT PROJECT Councilman Dillard requested the council address this agreement again. He recounted the history of the contract and explained that the best information-we have to date is that we will not need to expand for two or three years. This contract was placed on hold. His concern was it's possible impact on the bond rating for the City and the possibility that the technology contracted for might not be what we need when the time comes for the expansion. Councilman Hardin said she thought this had been resolved and that it would not have any impact on our bond rating. Tony Johnston, Finance Director, said there is no way to be sure of the impact. He would be meeting tomorrow with bond counsel and they will be reviewing eve .rything. They will be looking at the city as an entire package and this is just one item in the package. He said we must disclose everything and even with the footnote talked about previously, it would still draw attention and could impact our rating. He would prefer the item be eliminated. Mr. Smith said he has also been told that carrying a contract like this is very unusual. Councilman Hardin then asked if we could walt on this until after Mr. Johnston's meeting. Mr. Johnston explained that the meeting is for disclosure and the information presented is what the rating will be based on. We cannot change information after it is presented for review. Councilman Heiman stated previous discussions led him to believe that we did not get such a great deal anyway. Councilman Watts said that she had attended meetings prior 8 to her election to the council and recalled our financial advisors stating it could negatively impact our bond rating. She could find no compelling reason at this time to continue the contract. Mayor Manning concluded that based on personal experience with the review process, it was better to have as clean a set of documents as possible. They will be looking for negatives. Motion to terminate the Wasteline Engineering contract - Dillard; second - Longo. Motion passed with Longo, Watts, Dillard, Heiman and Manning voting aye. Hardin voted no. 12. CONSIDERATION OF CAI ,1 ,ING A PUBLIC HEARING TO RECEIVE INPUT REGARDING THE ~CHISE AGREEMENT WITH T.C.I. CABLE COMPANY The City Manager is in the process of negotiating the franchise agreement with T.C.I. and is requesting Council call a public hearing to receive input from the citizens. Mr. Smith explained that this would be in regard to services provided by the cable franchise, not rates. He will provide copies of franchise agreements from other cities for review. Motion to call a public hearing as soon as possible - Dillard; second - Watts, carried with a unanimous roll call vote. 13. CITY MANAGER AND STAFF REPORTS A. Marina schedule. The Colony Bay Marina group have requested to be on the September 18 agenda to bring a financial packet back to council. B. Lake safety. The City needs to form a lake safety committee similar to Lewisville and work in conjunction with the County. A council representative would be appropriate and need to include individuals from Saratoga and Wyrmewood Estates as well as Park & Rec staff and public safety. He would like to bring back a recommended membership and ask for input from the council. Councilman Watts said the Denton County Lake Safety Task Force disbanded last Thursday. The county will form a permanent safety committee comprised of from 27-30 members and has asked those who participated on the Task Force continue with the permanent committee. They will be including other interested parties as well. Need to continue to focus on lake safety and coordinate with others. An Interlocal agreement is being reviewed by the city attorney. Councilman Dillard asks that the agreement be reviewed and voted on by the council and be sure we do not give up our sovereignty around the lake to the county. He also asked Councilman Watts if the Denton County Task Force was still trying to pass a tax in the form of a fee, lake safety fee. Ms Watts said she was not sure. Mr. Smith stated this had not been done to the best of his knowledge. Mr. Smith said we would also be looking at other safety measures and he would 0(J88!c provide council with written information and costs. We will continue to use law enforcement presence in parks as needed to maintain safety. - C. Streets and traffic flow. Staff is still in contact with Frisco concerning the east- west thoroughfare. .. D. Right of Way and road extension funding. Mr. Smith stated negotiations were in progress for' the Main Street extension. We are still trying to get update and time schedule from TxDot regarding funding availability. Individuals we have been dealing with have retired and we are having to deal with new people. E. Corps/City projects. The par 3 golf course developers are reviewing the environmental assessment required by the Corps. DCD's request to expand their business has received a favorable recommendation in Lewisville and has been forwarded to Fort Worth for review. Mr. Smith reminded everyone that there will be a Joint Work Session September 25. The EDC will present the feasibility study for the Wynnewood Peninsula Golf Course and the Library Board will discuss the needs of the library. Councilman Hardin asked for an update on Strickland and Gardner streets. She also stated she is receiving lots of complaints about the speed hump on Ragan. Mr. Smith said this hump was different from the previous one which was built by staff. While the one on Ragan is only 2 1/2 inches high, it is narrower than the one we built. It is cheaper to use the type on Ragan but Mr. Smith said he is not satisfied with the product. Mayor Manning reminded everyone about the nominations for the Denton Central Appraisal Board of Directors. This will be on the October 2' agenda. County Judge Jeff Moseley has been an advocate of 1-35 being named the NAFTA highway. He has asked for a resolution in support of this. It will be on the next agenda. With no further business to address, Mayor Manning adjourned the meeting at 8:45 p.m. APPROVED: William W. M~anning,-Mayor ,~ ATFEST: Sandie Chance, Deputy City Secretary 10