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HomeMy WebLinkAbout02/05/1996 City Council MINUTES OF THE CITY COUNCIL MEETING H'ELD ON FEBRUARY 5, 1996 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:38 p.m. on the 5th day of February, 1996, at City Hall with the following Council roll call: William W. Manning, Mayor Absent Bill Longo, Councilman Present Mary Blair Watts, Councilman Present Kay Hardin, Councilman Present David McCreary, Councilman Present John Dillard, Mayor Pro-Tern Present David Heiman, Deputy Mayor Pro-Tem Present and with six present, a quorum was established and the following items were addressed: Recess into Executive Session 6:40 P.M. EXECUTIVE SESSION AS AUTItORIZED BY'SECTION 551.074 OF Tlt-E LOCAL GOVERNN[ENT CODE RELATING TO PERSONNEL, TO WIT: A. INTERVIEW FOR BOARD APPOINTMENTS Reconvene into Open Session 7:38 P.M. IN-VOCATION 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT 1. Bill Murdock, 7124 Dee Cole, a representative of the Colony Youth Football Association, would like the City to include lights for the football fields in the proposed bond package because of the large number of participants. With the growth as projected, there will not be enough time during daylight hours to hold games. Mayor Pro-Tern Dillard explained that lights for the football fields were an item being considered for the bond issue. He asked Mr. Mm:dock if he would like to serve on a citizens' committee formed to evaluate the City's needs for the upcoming bond election. Mr. Murdock expressed a desire to serve on such committee. 2. Gary Bartley, 2050 Keller Springs, #1011, Carrollton, President of CYFA, also asked for consideration in lighting for the football fields. 3. Jim Allison, 4913 Strickland, suggested that the street be modified to allow U- tums for traffic exiting the post office. Mr. Allison also suggested secondary mailboxes be placed across the street from the post office. Another possibility would be to change or widen the center median. He also complained of a neighbor who has too many cars parked in front of his residence. He explained that some of the eight vehicles parked in front and in the rear of the residence are inoperable. Councilman McCreary said he would personally look into th.is issue. Sam Chavez, City Planner, responded to Mr. Allison's complaint regarding the access at the post office. He explained that the width of the median does not allow for a left turn onto South Colony Blvd. when exiting the post office. Mr. Allison indicated that he didn't feel it necessary to have the median. Johnny Smith, City Manager, responded to. Mr. Allison explaining that the problem was not identifying the violation but establishing ordinances that will hold up in a court of law. 4. John Sanders, 6018 McAfee, explained that the Colony Youth Football Association constructed the concession stand and helped make repairs to the football fields. He asked that lights for the fields be included in the next bond issue. 5. CONSIDERATION OF APPOINTh/[ENTS TO TItE ADVISORY BOARDS ('". Nominations were as follows: Board of Adjustments and Appeals Heiman nominated Constance Yahwak The vote was as follows: Longo, Watts, McCreary, Heiman and Dillard - Aye; Hardin abstained. Parks and Recreation Board McCreary nominated William Castleberry and James Cottle The vote was as follows: Longo, Watts, McCreary, Heiman and Dillard - Aye; Hardin abstained. Library Board Heiman nominated Patricia Riggs and Elizabeth Vaughn The vote was as follows: Riggs - Longo, Watts, Heiman, Dillard - Aye; Hardin and McCreary abstained. Vaughn - Longo, Heiman, Dillard - Aye; Watts - No; Hardin and McCreary abstained. Planning and Zoning Commission McCreary motioned that appointments be tabled until further interviews can be conducted. Heiman seconded - All ayes. 3. MAYOR PROCLAMATIONS AND PRESENTATIONS: PROCLAIM FEBRUARY 4-10, 1996, AS SCOUTING ANNIVERSARY WEEK This proclamation was read in its entirety and presented to a representative of .the Longhorn Council of the Boy Scouts of America. Several boy scouts were also in attendance. At this time Mayor Pro-Tem Dillard recognized Johnny Smith, City Manager. Mr. Smith expressed his appreciation for all the prayers, support, kindness and best wishes for he and his family during his recent illness. PROCLAIM FEBRUARY AS AMERICAN HISTORY MONTH Ttfis proclamation was read in its entirety and presented to a representative of the National Society of the Daughters of the American Revolution. PROCLAIM FEBRUARY 11-18, 1996, AS KINDNESS WEEK This proclamation was read in its entirety and will be mailed to the Kindness Foundation. ItONOR TIlE TROOPS IN BOSNIA-ItERZEGOVINA This proclamation was read in its entirety and presented to a couple representing the American Peacekeepers Support Organization whose sort is serving in Bosnia. 4. CONSENT AGENDA Mayor Pro-Tern Dillard summarized the items on the consent agenda as follows: A. CONSIDERATION OF APPROVAL OF TIlE MINUTES OF TWF~ COUNCIL MEETINGS ]]~ELD JANUARY 4, 8, AND 15, 1996. Motion to approve the minutes as written - gIeiman; second - Longo, carried with a unanimous roll call vote. . B. CONSIDERATION OF A RESOLUTION SUPPORTING TI3EE DENTON COUNTY SESQUICENTENNIAL AND COURT]lOUSE SESQUICENTENNIAL CELEBRATION Motion to pass the resolution - EIeiman; second - Longo, carried with a unanimous roll call vote. C. CONSIDERATION OF ACCEPTANCE OF TWO LETTERS OF RESIGNATION FROM PLANNING AND ZONING COMMISSION MEMBERS Counc/lman Hardin expressed her appreciation for all the hard work both Cindy DePrater and Lyle Hilyard had performed while serving on the Planning and Zoning Commission. Motion to accept letters of resignation - ltardin; second - McCreary, carded with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE ORDERING AN ELECTION OF THE QUALIFIED VOTERS OF TI~'E COLONY ON T~ 4TH DAY OF MAY, 1996, FOR TIlE PURPOSE OF ELECTING FOUR COUNCILMEMBERS Motion to approve ordinance - Heiman; second - Longo, carried with a unanimous roll call vote. 7. CONSIDERATION OF AUTHORIZING EXPENDITURE OF FUNDS TO RENOVATE TI:IE SENIOR CITIZEN CENTER Johnny Smith explained that there was a budgeted mount of $10,000 with a budget amendment of $26,000. He requested the Council consider rounding that figure to $30,000 since that would provide a small amount in the event funds are needed not previously anticipated. Para Nelson, Parks and Recreation Director, explained that the City had received an estimate of renovation construction costs from Mr. Walker, who is also involved with the lab building project. He was provided with floor plans in order to make this estimate. Ms. Nelson indicated that existing equipment has been inventoried and a list made of items needed. If this project is approved, the City will have to go out for bids. Tony Johnston, Finance Director, explained that last year's ending fund balance resulted in $130,000 excess. As previously requested, $100,000 had been moved to a Fleet Replacement Fund resulting in $30,000 available for the renovation. Mr. Johnston confirmed that this project will have to be bid. Councilman Longo expressed his concern for the drainage since there are obvious foundation problems with that building. Johnny Smith said he would work with the architect to address those problems. Councilman McCreary said it was his understanding, from previous meetings, that this project would only cost $10,000. Mr. Smith explained that originally it was thought that $10,000 could be taken from the current budget and, during the next budget year, additional renovation could be accomplished. It has " now been realized that timing should be to avoid disruption of the use of the building. Another possibility would be to work with a construction manager which would not have to be bid. Councilman McCreary asked if the City were to find foundation problems and other unforeseen repairs, couldn't the City build a new building for the same amount of funds. Ms. Nelson explained that it was not the intention to pour a lot of money into renovating the building. The building is usable with the renovation as planned without any further major cost. Mayor Pro- Tem Dillard said he knew the Mayor had been looking into the possibility of help from the private sector. Councilman Heiman asked what the short term problems were that may surface within the next 3 to 5 years until such time a permanent facility could be built. Mayor Pro-Tem Dillard explained that there would be minor problems but that we need the building operational as soon as possible and he could not foresee putting a lot of money into repairing foundation problems if it were only going to be occupied 3 to 5 years. -- Motion to table this item - McCreary Johnny Smith explained that the item was only to authorize this amount pending the bid process. In order to save time rather than table the entire project, Mr. Smith suggested the Council authorize the bid process. Councilman Heiman said he would like to know the cost of an alternate facility. Mayor Pro-Tern Dillard explained the new government center was built for additional space and not because the former facility was in such bad need of repair. Councilman Longo added that if the Council should table the item, Commissioner's Court may reject the pending agreement. Councilman Longo would like to see the bid process started and look for possible volunteers (prison trustees) to help keep costs down. Councilman Hardin said she felt this was a good investment in order to accommodate the many people needing to use this facility. Councilman McCreary said he felt it important to give the senior citizens of the community a top-notch facility which they deserved. Councilman Heiman continued to voice his concern about not looking into possible alternatives. Dick Weaver, 4940 Hackney Ln.., President of Seniors Association, said that the senior citizens have agreed to have other groups use the building. He said there are no other buildings to uSe or money to build a new building. Councilman McCreary withdrew his motion to table this item. Motion to authorize bids for renovation of building - McCreary; second - Longo, carried with a unanimous roll call vote. Councilman Heiman requested staff research costs for an alternate facility on another site. 8. CONSIDERATION OF AppROVAL OF GLrlDELINES FOR Tlq'E USE OF TI:W. NEW SENIOR CITIZEN CENTER Councilman Hardin asked if the fees might not be too high for some groups. Ms. Nelson explained that there would be a small increase over existing fees. Councilman Hardin would like the City to be able to waive fees for certain groups and if a group were to not leave the facility in good condition or as they found it, to prevent that group from further use of the facility. Councilman Watts would like the Fees Committee to review this increase. Motion to table this item - Watts Councilman Hardin would like to review certain points of the proposed policies rather than table the entire item. Councilman McCreary questioned item 1 regarding profit making business being excluded from use of the facility. Ms. Nelson explained that the policy existed for the Civic .~_ Center and had been established several years ago.. Discussion followed regarding businesses using the facility. Amendment to motion to pull items 5 and 6 from proposed policies - Watts; second .- Ileiman, carried with a unanimous roll call vote. 12. CONSIDERATION OF APPROVAL OF A PRELIMINARY PLAT FOR WATER'S EDGE ADDITION, ALLEY AND REAR AND SIDE ENTRY GARAGE WAIVERS AND REALIGNMENT OF TIlE EXTENSION OF ETELERIDGE DRIVE. Sam Chavez, City Planner, indicated the Planning and Zoning Commission had recommended approval of the prelim/nary plat for Water's Edge Addition. He further explained that Etheridge Drive has nothing to do with the subdivision plat. The only reason Etheridge Drive was mentioned was because of the way the proposed alignment is shown on the thoroughfare plan. It shows a portion of the north/south extension of Etheridge to be through the property. He explained that two issues were being addressed. One issue was the approval of the plat and the other issue was an amendment to the thoroughfare plan.. Mr. Chavez then explained the difference between an amendment to the thoroughfare plan and a realigaqment. Councilman McCreary asked if Etheridge Drive was really necessary for this subdivision. Mr. Chavez then introduced John Friebele of Hunter Associates, Inc. Mr. Friebele explained that he was retained by the City to act as a transportation engineer and that the extension of Etheridge northward then eastward to intersect Main Street has been on the thorou-,~rfare plan since its adoption in the late 1980's. He has been asked to assess the need for the extension of Etheridge or some sort of collector street serving Stewart Creek Peninsula area. The analysis indicated that without an additional access to Main Street, North Colony Blvd. would carry: approximately 30% over its designed capacity when Stewart Creek Peninsula was completely developed. Etheridge, as the thoroug .hfare plan shows, is not in exact alignment. There are options to be considered and Etheridge or some other facility could go a variety of routes through the subdivision. Basically Etheridge could be made a part of the subdivision, it could be excluded from the subdivision or done away with in its entirety. One of Hunter Associates' recomendations, because of the obvious need for some sort of collector facility and the fact that the Water's Edge Addition would possibly impede or reduce the possible alignments, was for some sort of prelimary engineering study be done in conjunction with consideration of the subdivision. A ~eat .deal of discussion followed regarding alternatives to alleviate traffic on North Colony Blvd. Mayor Pro-Tem Dillard said that at one time there were alternatives, but now there are very few opportunities to connect Stewart Creek Peninsula to Main Street other than through residential areas. Councilman Watts asked if a current cul-de-sac could be opened to allow a collector street. Mr. Friebele responded that parking would have to be banned and possibly pavement would be increased by cutting into residential property. Councilman Hardin then commented that the collector street issue has to happen regardless of whether the Council approves the plat or not. Johnny Smith added that the school district had purchased a site at the north end of Etheridge and that North Colony Blvd. cannot be the sole street out of that area whether or not Water's Edge Addition is developed. Mayor Pro-Tem Dillard recognized citizens who had requested to speak on this issue. Lesley Bazant, 4145 Newton, said she was confused and asked if Etheridge will go around the lake to meet Main St. Mr. Smith responded yes. She added that she had a problem spending taxes to do this. Children from Etheridge Elementary walk down Etheridge and their safety-is priority. Her street also received a lot of traffic from the school. Mr. Smith explained that as Stewart Creek Peninsula is developed, traffic will go down Etheridge and other side streets anyway. If Etheridge is extended as planned, traffic would be muted to Main Street. He added that if Etheridge is not extended, the traffic will still be problem and a danger to the children. Ms. Bazant suggested some alternatives and added that the residents would like to be included in the decision. Trent Voigt, 7109 Galtowa¥ Ct., said that he was a lakefront homeowner and the proposed Etheridge would go through Augusta Park which is used by joggers and fishermen. If Etheridge is extended, his property will no longer face the lake but a thoroughfare. Houses in that area do not have privacy fences. He does not believe that people will drive Etheridge around the lake but instead will drive through the residential streets. Councilman Watts clarified that the extension will not intersect the pocket park. Arvin Yandell, 7100 Hanna Cr., wanted to provide photographs showing lots in that area under water. He cannot see any advantage to the City to put in proposed extension. He bought property here to avoid traffic problems and was told by former City officials that there would never be any access to the lake which the Corps of Engineers would probably not advise. He's afraid that people will pull over on the side of the road to use park to fish, etc. He feels that road would be under water a good deal of time. He suggested a bridge to connect to Stewart Creek Park for access. Diane Reid, 4124 Ballard, asked if Councilmembers would drive out to see this proposed road. She was told when she bought her property that nothing was planned behind the houses in that area. Bemetta Henville-Shannon, 4156 Ballard, distributed photo~aphs to the Councilmembers. She then presented the Council with a petition with 376 signatures in opposition to the new thoroughfare, however not in opposition to future development. To change the thoroughfare will increase noise, endanger the security of the homes, increase traffic, endanger safety of children and pets. It will also produce more pollution to the lake and erode the shoreline. Mayor Pro-Tem Dillard explained that a work session will be planned with citizen input fi.nd staff to try to come up with a long-term solution to this problem. He then asked if Mr. Jim Skinner, developer of Water's Edge Addition, would like to speak. Mr. Vernon Jackson, panner in the joint venture with Mr. Sldnner, then addressed the Etheridge extension. He briefly explained the history of Mr. Skinner's efforts to develop his property. Mr. Jackson displayed a map which explained Mr. Greg Edwards' letter of December 13, 1995, addressed to Sam Chavez. Mr. Jackson further explained Mr. Edwards' suggested alignment. He added that if Etheridge Drive were eliminated from the planned thorou~are, the developed would not be affected at all. Councilman Heiman asked if Mr. Jackson would be willing to share costs of possibly opening a cul-de-sac to provide access. Mr. Jackson said he would consider further research of that proposal. Mr. Skinner gave a brief explanation of a previous problem with citizens in regard to opening a cul-de-sac. Motion to table item #12 - Longo Motion failed with lack of second Motion to table item with the condition that a feasibility study is performed - McCreary Motion failed with lack of second Johnny Smith explained that the Council cannot approve the plat without approving realignment. Councilman McCreary asked the developer the value of the new homes. A representative of the developer stated the home would range from $300,000 to $350,000 and would have very large lots. Mr. Chavez informed the Council that the developer will pay water and sewer impact fees on this development. Glen Jewel, 7112 Elliot Ct., said the realignment should not have an impact on Mr. Skinner. Steve Tolan, 4342 Newton, said that the developer has the right to develop his property and that the thoroughfare problem has existed for years. He suggested the City needs a solid thorouglffare ---.- plan approved to enable the developer to proceed with building. He recommended the item be researched further. Jim Sldnner, 4844 Pemberton, explained that he owned the property for Water's Edge Addition since 1980 and the plat has been approved since 1982. He further explained the many problems he has had with the development of this property. He would like to see an exit through Stewart Creek Park with a bridge to Pier 121 marina and further to Highway 121. Motion to table item #12 - Longo Motion failed with lack of second Councilman Watts asked if the City would provide emergency services to the new development. Mr. Chavez responded that police service would be provided by the county and the City would · ' provide fire service. Councilman Watts explained that a bridge to Stewart Creek Park is not feasible. Mr. Ctmvez once again explained that the consideration is for a preliminary plat on a 43-1ot subdivision. That entails the preliminary layout of the streets and the lots in the subdivision and a minor modification of the alignment of the thoroughfare plan. Should Council consider this as appropriate, it eliminates the possibility, at a future time should a study occur, of that aligmnent going back onto that property. The Council also needs to consider an alley requirement. Based on the design of the site, an alley would only serve six to seven lots. Staff and the Planning and Zoning Commission have recommended waiver of that requirement. The Council would also be waiving rear and side entry garages in the subdivision. That has been tied to a zoning issue. Mr. Chavez further explained further street and drainage design would be at the City's standards. Motion to approve plat subject to stipulations of staff and Planning and Zoning Commission approval, realign thoroughfare as proposed and perform feasibility study to study alternatives - Heiman, second - McCreary, carried with a unanimous roll call vote. 6. CONSIDERATION OF AUTHORIZING AN AGREEMENT WITH DENISE L. FEENEY AND BRENDA G. SANNER FOR TKE LEASE OF A STATIONARY, RAISED BILLBOARD ON ~ PREM2ISES OF 7332 MAIN STREET Discussion following regarding lighting of the sign. Ms. Nelson explained proposed lighting. Motion to approve agreement - ltardin; second - Watts, carried with a unanimous roll call vote. 9. CONSIDERATION OF AUTHORIZING A CONTRACT WITH N.R.S. ENGINEERING CONSULTANTS FOR IMPROVEMENTS TO T~q~E STEWART CREEK WASTEWATER TREATMENT FACILITY Mr. Smith briefly explained the need for a change on Work Order No. CY9601 from $39,000.00 eliminating item g4 from the Work Order for a new total of $34,000.00. He further 'explained that the City would have to bid for the installation of the centrifuge. Councilman Longo asked how the conveyor system would work. Mr. Tim Lackey, NRS Consulting Engineers, explained that the conveyor system at the rear of the centrifuge will convey thickened sludge into area of waiting containers (roll off). Mr. Smith asked if there were covers for the containers. Billy Cude, Wastewater Department Superintendent, said covers did not come with containers. Mr. Smith commented that, if the City has been .hauling sludge without covers, we must comply with the law. Motion to approve work order CY9602 and change to work order CY9601 removing $5,000 as discussed - McCreary; second - Watts, carried with a unanimous roll call vote. .. 10. CONSIDERATION OF AUTHORIZATION TO ADVERTISE BIDS FOR TIlE INSTALLATION OF TIlE CENTRIFUGE AND TI:W. CONVEYING SYSTEM AT TIlE WASTEWATER TREATMENT PLANT Motion to authorize to advertise for bid - Longo; second - Heiman, carried with a unanimous roll call vote. 11. CONSIDERATION OF APPROVING AN OPTION AGREEMENT WITH MATTHEWS SOUTHWEST FOR THE ACQUISITION OF LAND FOR TI:I'E~ CONSTRUCTION OF THE WASTEWATER TREATMENT PLANT ON WYNNEWOOD PENINSULA Truman Edminster, Carter & Burgess, made a brief presentation to the Council. He explained the history of the proposed agreement. Motion to approve agreement - lteiman; second - McCreary, carried with a unanimous roll call vote. 13. CITY MANAGER AND STAFF REPORTS Lori Harlan, Economic Developmem Director, explained the draft marina RFP and asked for Council comments or questions to her by Friday, February 16. She also referenced a letter she received from Boyd London regarding golf course update. She will present full update by next Council meeting. With no further business to address, the meeting was adjourned at 11:18 P.M. APPROVED: lm Dillard, Mayor Pro-Tern ATTEST: //Rut~hann De~fln, Deputy City Secretary