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HomeMy WebLinkAbout03/18/1996 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON MARCH 18, 199~ 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 18th day of March, 1996, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilmember Absent (Meeting) Mary Watts, Councilmember Present Kay Hardin, Councilmember Present David McCreary, Councilmember Present John Dillard, Couneilmember Present G. David Heiman, Couneilmember Present and with six present, a quorum was established and the following items were addressed: ROLL CALL INVOCATION - Steve Tolen 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT - None 3. PRESENTATION OF EMPLOYEE RECOGNITION AWARDS Mayor Manning and Margaret Burkett, Personnel Director presented an award to Sheron Riney for 5 years of service. The following employees were not present but were recognized for their tenure with the city: James Jordan, Terry Farmer, Henry Arnold, Bill House, Becky Watson, David Coreoran, Sandy Vondersaar, and Doyle Overfelt 4. PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY SEEKING TO AMEND PLANNED DEVELOPMENT 1 AND 2 FOR THE (SF) SINGLE FAMILY RESIDENTIAL DISTRICT, (GR) GENERAL RETAIL DISTRICT AND THE (LC) LIGHT COMMERCIAL DISTRICT TO ALLOW CONSTRUCTION OF FRONT ENTRY GARAGES AND A CHANGE OF ZONING OF TWO (2) LOTS TO THE (LC) LIGHT COMMERCIAL DISTRICT AND THE (GR) GENERAL RETAIL DISTRICT IN LIEU OF THE (SF) SINGLE FAMILY RESIDENTIAL DISTRICT, ON THE BELOW DESCRIBED PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF F.M. 423 (MAIN STREET) 7 BETWEEN W. LAKE HIGHLANDS AND LAKE LEWISVILLE Motion to open the public hearing - Dillard; second - Heiman, carried with all members voting Aye. Mr. Sam Chavez gave a brief overview of this item, stating that P & Z recommended approval of allowing front entry garages, but deferred the zoning request change to be addressed in the Comprehensive Plan. Motion to close the public hearing - Dillard; second - Hardin, carried with all members voting Aye. 5. PUBLIC HEARING ON APPLICATION OF REV. THOMAS K. JACKSON, CALVARY TEMPLE ASSEMBLY OF GOD, FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED A (SF) SINGLE FAMILY DISTRICT WITH SPECIFIC USE PERMIT FOR A CHURCH TO AMEND SPECIFIC USE PERMIT 2 AND SITE PLAN APPROVAL OF A CHURCH SANCTUARY, ON THE BELOW DESCRIBED PROPERTY SOUTHEAST CORNER OF THE INTERSECTION OF CLOVER VALLEY DRIVE AND BLAIR OAKS Motion to open the public hearing - Heiman; second - Dillard, carried with all members voting Aye. Mr. Sam Chavez explained the applicant is requesting approval of an amendment to SUP- 2 and site plan approval for a church, noting the 4.738 acre site is zoned for the Single Family Residential district with a special use permit for a church supporting a 7200 square foot structure and parking. He went on to say the SUP was approved in 1980, however a site plan was never approved. The church now is proposing to add 11,700 square feet, plus parking. P & Z and staff recommend approval of this request, subject to staff stipulations. Motion to close the public hearing - Dillard; second - McCreary, carried with all members voting Aye. 6. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD MARCH 4, 1996 Motion to approve the minutes as written - Dillard; second - Hardin, carried with a unanimous roll call vote. B. CONSIDERATION APPROVAL OF AN ORDINANCE AMENDING THE 8 CODE OF ORDINANCES BY AMENDING APPENDIX A-ZONING BY AMENDING SECTION 4, EXHIBIT C, OF ORDINANCE 559 WHICH ESTABLISHED PLANNED DEVELOPMENT 1 AND 2 ON NOVEMBER 7, 1988, BY PROVIDING FOR FRONT ENTRY GARAGES ON ALL RESIDENTIALLY ZONED PROPERTY LOCATED WEST OF F.M. 423, NORTH OF LAKE HIGHLANDS Motion to approve the minutes as written - Dillard; second - Hardin, carried with a unanimous roll call vote. C. CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING APPENDIX A-ZONING BY GRANTING A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS (SF) SINGLE FAMILY DISTRICT WITH A SPECIFIC USE PERMIT 2 FOR A CHURCH, BY AMENDING SPECIFIC USE PERMIT 2 AND SITE PLAN APPROVAL OF A CHURCH SANCTUARY Motion to approve the minutes as written - Dillard; second - Hardin, carried with a unanimous roll call vote. D. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 6 AND 19 OF THE CODE OF ORDINANCES BY AMENDING REFERENCES TO THE TRAFFIC ENGINEER TO TRAFFIC ADMINISTRATOR; AMENDING SECTION 19-3 BY NAMING THE CHIEF OF POLICE AS THE TRAFFIC ADMINISTRATOR Motion to approve the minutes as written - Dillard; second - Hardin, carried with a unanimous roll call vote. E. CONSIDERATION OF A RESOLUTION ENCOURAGING THE TEXAS REHABILITATION COMMISSION AND TEXAS DEPARTMENT OF HUMAN SERVICES TO OPERATE LOCAL OFFICES; PLEDGING SUPPORT OF LOCAL OFFICES AND REQUESTING RECONSIDERATION OF THE DECISION TO CLOSE LOCAL OFFICES Motion to approve the minutes as written - Dillard; second - Hardin, carried with a unanimous roll call vote. We have been made aware that both the agencies named above plan to close their offices in Lewisville and relocate to the City of Denton. Since the southern portion of Denton County is continuing to grow we have been asked to join with the City of Lewisville in asking for reconsideration of this plan. F. CONSIDERATION OF ACCEPTANCE AND AWARD OF BID FOR THE ANNUAL PURCHASE OF FERTILIZER BY THE PARKS AND RECREATION DEPARTMENT AND APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT FOR SAME Bids for the above were opened and read publicly on February 28, 1996. Staff is recommending the bid be awarded to Greensmith's. Motion to approve the minutes as written - Dillard; second - Hardin, carried with a unanimous roll call vote. G. CONSIDERATION OF ACCEPTANCE AND AWARD OF BID FOR THE ANNUAL PURCHASE OF CHEMICALS BY THE PARKS AND RECREATION DEPARTMENT AND APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT FOR SAME Bids for the above were opened and read publicly on February 28, 1996. Staff is recommending the bid be awarded to B & G Chemical. Motion to approve the minutes as written - Dillard; second - Bm-din, carried with a unanimous roll call vote. H. CONSIDERATION OF ACCEPTANCE AND AWARD OF BID FOR THE ANNUAL MOWING CONTRACT FOR STEWART CREEK PARK AND APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT FOR SAME Bids for the above were opened and read publicly on February 28, 1996 as follows: Ellis Lawn Care $595.00 Quinn Commercial Services $699.50 All Seasons Landscape $405.00 Lone Star Mowing $420.00 Steve Miller $410.00 Sunbelt Landscape Services $475.00 Staff is recommending the bid be awarded to Steve Miller. Motion to approve the minutes as written - Dillard; second - Hardin, carried with a unanimous roll call vote. 10 7. CONSIDERATION OF AUTHORIZING AN EXTENSION OF TIME FOR COMMENCEMENT OF CONSTRUCTION ON THE PAR 3 GOLF COURSE AS SET OUT IN THE GROUND LEASE AGREEMENT BETWEEN PENINSULA GOLF ASSOCIATION AND THE CITY OF THE COLONY Due to delays encountered with the Corps of Engineers on this project, the owners are requesting the council grant an extension of time for ground breaking until March 31, 1997. Staff does recommend approval. Mr. Smith advised the requirement for an environmental assessment is one cause for the delay and approval if this item would grant an extension until March 31, 1997. There followed a brief discussion. Mr. Rusty Nichols advised several entities will review the study and the Corps has said it will take several months for them to complete their recommendation. Motion to approve the extension as requested - Dillard; second - Heiman, carried with a unanimous roll call vote. 8. CONSIDERATION OF A DEVELOPER'S AGREEMENT WITH STEWART PENINSULA DEVELOPMENT PARTNERS ON THE COTTONWOOD SPRINGS SUBDIVISION PHASE I The above agreement will set out the parameters for landscaping requirements and maintenance in the Cottonwood Springs Subdivision. Mr. Smith stated this is similar to the developer's agreement on South Shore. Councilman Watts expressed concern that we may be violating our ordinance if we allow trees in the medians. Mr. Smith assured her the agreement requires that the developer comply with all our ordinances and we will check that out. Motion to approve the agreement as presented - Watts; second - Hardin, carried with a unanimous roll call vote. 9. CONSIDERATION OF ACCEPTANCE OF PROPOSALS FROM HUNTER AND ASSOCIATES FOR THE FOLLOWING ENGINEERING SERVICES: A. A traffic study is needed at the intersection of F.M. 423 (Main Street) and Lake Highlands to determine the need for a traffic signal at that location. A proposal for that study is included. Mr. Smith advised that TxDot has held public hearings regarding widening F.M. 423 to the bridge, but the intersection Lake Highlands was overlooked in the studies. He said staff feels a signal light is needed at that location. This proposal is to do studies at several intersections in the city at a cost of $700.00, which includes $200.00 for a pedestrian count and $500.00 for a traffic warrant. Mr. Hal Jones strongly recommended we do traffic counts at 423 and Lake Highlands and at 423 and Cougar 'Alley. He recommended a pedestrian count only at Keys and N. Colony. After a brief discussion, it was determined full studies would be allowed at all intersections named, up to $2800.00. B. Following a council meeting in early February, the council has asked for a 11 feasibility study to be done regarding the extension of Etheridge Drive to F.M. 423. A proposal for a Transportation Feasibility Study is included for council's consideration. Mr. Smith said this would be funded from the money for the overall master plan. Mayor Manning said the state plans to widen 423 which includes a center lane for tums and he feels that is an unsafe situation. Mr. Jones said it could be widened to 4 lanes divided, but it would require more Right of Way and that is the main problem with getting the state to change their minds. He said the city would have to acquire the R.O.W. and it would definitely delay the project, which is scheduled to be let in October 1996. He said it could be widened later. C. It is necessary for the city to evaluate the existing water and wastewater systems and develop a master plan for each system that will support future planned development and growth. A proposal for that service is included for council's consideration. Mr. Smith said in light of new proposed development the city needs to look at alternatives for providing services. He said this would be part of the Master Plan, but it needs to be done right away. He also noted this could be funded from impact fees. Councilman Hardin asked if we did this before, stating we cancelled a contract and now we are paying to have this done again. Mr. Smith said we would be able to use some of the previous studies, but noted that when the city annexed more property, it created the need for more capacity that had not been there before. He said now the numbers must be updated. Mr. Jones agreed, stating that they would use all studies as far as they are valuable. At this time, Mayor Manning heard from the floor: Bemetta Henville-Shannon, 4156 Ballard Trail, said she was here a month ago during a discussion of Mr. Skinner's property and the council promised a work session regarding the Etheridge extension. She asked why they (citizens) were not informed of this study and Mr. Smith said this was posted and the agenda is put on the cable. She then asked if Hunter & Assoc. had done work for Water's Edge Development. Mr. Jones stated his fu'm has done work on the thoroughfare plan for the city, but not for Water's Edge. Ms. Henville-Shannon then asked why the city is not going out for bid on this project. Mr. Smith said Hunter & Associates has worked for the city for many years, they are doing our thoroughfare plan and they have all the back ground necessary to complete the project in the best and quickest way. Mr. Smith went on to say the work session and public hearings will part of this project but will not happen until the study is begun. Mr. Smith said citizens will be able to get a copy of the study, stating they will be a part of the process. Councilman Watts clarified that any copies will be made available at the normal cost of copies per the city policy. Ms. Henville-Shannon said the citizens are not kept informed. Mayor Manning said it is impossible to inform everyone individually, going on to say the council has met the 1st and 3rd Mondays for years, the agendas are posted outside city hall, at the Library and at the Utility Building as well as placed on Channel 6. Arvin Yandell, 7100 Hanna Cir., said the citizens were not told this study would be done and asked when they would be able to review it. Mr. Smith said the draft will be done in 60 - 90 days. Councilman Watts said after the information is gathered there will be a public meeting then a report to the council. Mr. Yandell asked why the Etheridge extension was ever put on the plan. Mayor 12 Manning said there is a need for an additional outlet to 423 from the west side. He reminded everyone that no decisions have been made. Councilman Heiman assured everyone that the city is not trying to "sneak" anything through. He said the council authorized the study to see what we can do (about this problem) and that we try our best to get the word out. He said the agendas are posted at least 72 hours prior to the meeting and it the citizen's responsibility to keep themselves informed. He went on and stated that not many do keep themselves informed and not many people show up at council meetings. Motion to approve Item 9A, up to 82800.00, and Item 9B and 9C as presented - McCreary; second - Heiman, carried with a unanimous roll call vote. 10. CONSIDERATION OF A RESOLUTION GRANTING A RATE INCREASE FOR TEXAS WASTE MANAGEMENT FOR THE PROVISION OF SOLID WASTE DISPOSAL SERVICES Mr. Smith advised that Texas Waste Management (T.W.M.) can request an increase annually, per our agreement, based on the CPI. He said if the council approves this tonight, it will be effective April 1, 1996. Mr. Smith said there are several areas of the contract which are not being complied with by either the city or T.W.M. He and Mr. Judkiewicz agree that this contract, which expires in January 1997 needs to be updated. He said the city council will need to decide if we want to renew the agreement with T.W.M. or go out for proposals at that time. Mr. Smith did say the rotes are still comparable even with the proposed increase of 1.3% based on CPI plus 3.5% based on land fall increases, for a total increase of 4.8%. Mr. A1 Judkiewiez with T.W.M. said the CPI increase is an automatic increase each year, but the council needs to approve the increase for land fill easts. He said the annual clean-ups have become much too costly, stating in the Fall of 1994, there were 67 pulls made. He said in April 1996, they will provide two dumpsters for the April Clean Up, which is not a bulky item clean up. He clarified that bulky item pick up can be arranged by calling the 800 number. Mr. Judkiewicz also clarified the increase has been amended to 4.6% not 4.8%, which is a pass through cost to T.W.M. Councilman Hardin said if we continue to recycle, then the cost of the landfill should be reduced. Motion to approve the 1.3 % CPI increase effective January 1, 1996 - Hardin. Mr. Judkiewiez stated the 1.3% is already in effect and was passed on in January, per the contract. He said he is asking for a $.22 cent increase above the 1.3%. Mayor Manning said it has been the custom to allow the pass through costs and said it is not fair to penalize the contractor because their costs have been increased. Motion to approve the 1.3% CPI, plus 2.7% landfill cost for a total of 4.0% - McCreary. It was nOted there was no second to the first motion. Councilman Watts asked if we can go out to bid now so we don't have to approve the increase. Mr. Smith said no, the contract expires in January 1997. Councilman Hardin clarified that her motion means no additional __ increase. Amendment to the motion to negotiate the contract earlier - Heiman, no second. Vote on 13% increase only as follows: Hardin, Dillard - Aye; Watts, McCreary, Heiman, Manning - No. Motion failed. Councilman McCreary restated his motion, there was no second. Motion to approve the increase as requested - Dillard; second - Watts, carried with the following roll call vote: Watts, Dillard, Heiman, Manning - Aye. Hardin, McCreary - No. Mr. Smith said he will attempt to renegotiate the contract and bring it back to the council in October 1996. 13. CONSIDERATION OF AUTHOR17.1NG A BUDGET AMENDMENT AS REQUESTED BY THE CITY MANAGER IN THE AMOUNT OF $27,500.00, FOR RENOVATION AND IMPROVEMENTS TO THE SENIOR ACTIVITY CENTER The City Manager was given direction at the March 5, 1996 council meeting to proceed with plans to renovate the Senior Activity Center. It was understood that if the estimated costs exceeded the $10,000.00 which was budgeted in the 1995-96 year, the City Manager would come back to the council for approval. While it is the intent to use volunteer labor and donated materials where possible, it is necessary to ask for funds in an amount not to exceed $27,500.00. so the project will not be slowed down. Only the amount needed will be expended. Motion to approve the budget amendment as presented - Dillard; second - McCreary, carried with the following roll call vote: Watts, Heiman - No. Hardin, McCreary, Dillard, Manning - Aye. Mr. Smith advised the changes requested in the agreement were approved by the County. Jerry Rooney thanked the council for passing this item and gave a special thanks to Johnny Smith, Mayor Manning and Para Nelson. He said thanks to the yes votes and the no votes and said he hoped they would see this is a good thing. Councilman Watts said she is 100% in favor of the center, but not in favor of the contract as it was written, so she can't vote to expend the money when she doesn't support the contract. Mayor Manning agreed, stating Councilman Watts has supported this project from day one. Mr. Smith said we hope to be in the building in 30 - 60 days and noted that Councilman Longo will coordinate the volunteer efforts. 11. FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 9 RELATING TO EMERGENCY SERVICES; BY ADDING ARTICLE II-B EMERGENCY MEDICAL SERVICE This ordinance states that emergency medical service shall be provided by the Fire Department. Chief Van Morrison will be present to answer questions. Councilman McCreary asked how we arrived at $250.00 per trip. Chief Morrison said this was adopted by council 2 years ago, noting commercial provider's charges begin at $400.00. 12. CITY MANAGER AND STAFF REPORTS 1. Denton County Commissioner's court issued a resolution recognizing The Colony Fire Department for their help during the recent rash of grass fires. 2. The local Lake Safety Task Force hopes to call a meeting in 2 weeks. 3. The city's public auction will be held at 6:00 p.m. on March 21, 1996 behind the Animal Shelter. Inspection will begin at 4:00 p.m. 4. We are switching gasoline credit cards from Diamond Shamrock to Right Express. This will allow us to purchase from several different stations and will save money. 5. The Capital Projects Advisory Committee Kick-off meeting is set for 7:00 p.m. March 25, 1996 at City Hall. 6. We are still accepting applications for P & Z and the Lake Safety Task Force. 7. The final day to file for the May election of council is March 20, 1996 at 5:00 p.m. 8. Mr. Cliff Bormann, new Building Official was introduced. 9. Councilman McCreary reported on his report trip to Washington D.C. to attend the National League of Cities Conference. He encouraged other Councilmembers to get involved in N.L.C. With no further business to address, Mayor Manning adjourned the meeting at 9:50 p.m. APPROVED: William W. Manning, Mayor <~ ATTEST: Patti A. Hicks, TRMC, City Secretary