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HomeMy WebLinkAbout08/05/1996 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON AUGUST 5, 1996 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 August, 1996, at City Hall with the following Council roll call: William W. Manning, Mayor Present Bill Longo, Councilmember Present Mary Watts, Councilmember Present David Stanwick, Councilmember Present Wilma Avey, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with seven present, a quorum was established and the following items were addressed: INVOCATION - David Christiansen - First United Methodist Church, Youth Minister 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Dick Weaver, 4940 Hackney, President of the Senior Citizens of The Colony thanked the following for their help in making the Senior Citizen Center a reality. * Mayor Manning for morning coffee he provides to the center * Constable Larry Floyd for all his help with this project. * Johnny Smith for his negotiations with the Commissioners and for finding the money to pay for the project. * Councilman Bill Longo for overseeing tearing out the walls with the help of volunteer seniors * Pam Nelson for keeping track of the money, ordering equipment and helping out with work at the center. * All contractors, architects, Senior volunteers He introduced the Building committee, Carolyn Rapisarda, Bill Bausticker, Jerry Rooney and Mary Walls. He invited everyone to the Open House to be held September 8, 1996 from 3:00 p.m. to 5:00 p.m. Bill Bausticker, 5841 Carroll Drive, past president of the Seniors and current president of the A.A.R.P. said on behalf of the members of A.A.R.P. he echoes Mr. Weaver's comments. Johnny Smith read from a release from the International Institute of Municipal Clerks as follows: "Patti A. Hicks, City Secretary, has been accepted into First Sustaining Membership of the IIMC Academy for Advanced Education...approximately 11% of the 10,000 members have qualified for the Academy status. She received the IIMC Certified Municipal Clerks Award in 5 October, 1989 and was accepted in the IIMC Academy for Advanced Education in June, 1992. She is the 15th Municipal Clerk from the State of Texas and is the 458th IIMC member to achieve membership in the First Sustaining Phase of the IIMC Academy for Advanced Education." Mayor Manning and the Council expressed congratulations to Ms. Hicks and then Chief Joe Clark presented her with flowers from the City Council. Johnny Smith introduced Dennis Watson, Assistant to the City Manager, to the Council. Mr. Watson will be the Economic Development Corporation Coordinator and will handle public relations. 3. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD JULY 15, 16, AND 22, 1996 Motion to approve the minutes as written, Longo; second Dillard, carried with a unanimous roll call vote. B. CONSIDERATION OF AUTHORIZING A CONTRACT WiTH BARBARA JEAN REGNOLD AS STEWART CREEK PARK GATE ATTENDANT The former gate attendant at Stewart Creek Park has had to leave this position. The Parks & Recreation Director is recommending Ms. Regnold be approved to fulfill the term of this contract through September 30, 1996. In order to prevent the necessity of coming back to the council in September to approve a renewal for October 1,. 1996 through September 30, 1997, we are at this time asking the council to approve:the contract from August 1, 1996 through September 30, 1997. Councilman Watts said that all contracts should be reviewed by the City Attomey and that it appears this one has not been. Motion to postpone this item until the City Attorney can reView the agreement ' Watts; second - Longo, carried with a unanimous roll call vote. C. CONSIDERATION OF REPLACEMENT OF A MEMBER OF THE PARKS AND RECREATION BOARD The Council has been asked to take action to replace a member of the Parks and Recreation Board due to excessive absences from the board meetings. Motion to approve the action as recommended, Longo; second 7 Dillard, carried with a unanimous roll call vote. D. CONSIDERATION OF AUTHORIZING AN AMENDED WRECKER SERVICE CONTRACT ' 6 The City staff has recommended making some amendments to the existing wrecker service contract. The most significant amendment will allow the city to use more than one wrecker service on a rotating basis. This contract has been reviewed by staff, the city attorney, wrecker service companies and the City Council. Motion to approve the amendment as recommended, Longo; second - Dillard, carried with a unanimous roll call vote. 4. CONSIDERATION OF A FINAL PLAT FOR RIDGEPOINTE PHASE 2-A AS PRESENTED BY MOCKINGBIRD DEVELOPMENT, INC., GENERALLY LOCATED SOUTH OF RIDGEPOINTE DRIVE, BETWEEN F.M. 423/MAIN STREET AND THE CITY OF LEWISVILLE CITY LIMIT LINE Presented for approval is a final plat at the above described location. Mr. Sam Chavez, Planner, said the 10 lot subdivision is a portion of the 121 acre preliminary plat subdivision approved by the City Council in March, 1996. He and the Planning and Zoning Commission reviewed the final plat on July 23 and does recommend approval subject to staff stipulations. Mr. Russell Fielder with Carter & Burgess said that all staff comments have been addressed and complied with. Motion to approve the f'mal plat as presented subject to staff stipulations - Dillard; second - Kovatch, carried with a unanimous roll call vote. 5. CONSIDERATION OF A FINAL PLAT FOR RIDGEPOINTE PHASE 2-B AS PRESENTED BY MOCKINGBIRD DEVELOPMENT, INC., GENERALLY LOCATED SOUTH OF RIDGEPOINTE DRIVE, BETWEEN F.M. 423/MAIN STREET AND THE CITY OF LEWISVILLE CITY LIMIT LINE Presented for approval is a final plat at the above described location. Mr. Chavez said this 131 lot subdivision is a portion of the 121 acre preliminary plat subdivision approved by the City Council in March, 1996. He said a total of 254 dwelling units, which includes Ridgepointe Phase l-A, 113 lots, Phase 2-A, 109 lots and phase 2-B, 131 lots, of the approved 603 dwelling unit cap has been used. He said the proposed final plat is platted at a density of 4.68 du's/acre and if approved the cumulative density for the Planned Development as proposed, including Ridgepointe Phase 1-A and Phase 2-A, is 4.24 du'slacre. On July 23, 1996, the Planning and Zoning Commission recommended approval subject to staff stipulations. The Commission added a stipulation providing for the lots adjacent to Ridgepointe Drive to have sixty feet (60') of lot frontage. Mr. Chavez explained the 60' frontage was recommended in order to blend these lots with the existing lots to the north. He went on to say that he and Mr. Tim House (Matthews Southwest) have since agreed that 60' frontage can't be achieved without losing another lot, therefore, 56' frontage will be allowed. The lots to the north are at 57'-58' and 56' will meet the aesthetic needs of the area. 7 00612 Motion to approve as recommended with staff stipulations, deleting the stipulation for 60' frontage, deleting Block H, dividing the remaining frontage evenly - Kovatch; second - Dillard, carried with a unanimous roll call vote. 6. CONSIDERATION OF ADOPTION OF A RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE REVENUE BONDS The above resolution is necessary to comply with the requirements of the State Revolving Fund loan for the water and wastewater improvements and the relocation of utility lines along F.M. 423, as previously approved by the council. Motion to approve the resolution - Dillard; second - Stanwick, carried with a unanimous roll call vote. 7. CONSIDERATION OF ADOPTION OF A RESOLUTION EXPRESSING INTEREST TO REIMBURSE ENTERPRISE FUND FOR EXPENDITURES MADE PRIOR TO THE AVAILABILITY OF FUNDS The above resolution is necessary to comply with the requirements of the State Revolving Fund loan for the water and wastewater improvements and the relocation of utility lines along F.M. 423, as previously approved by the council. Motion to approve the resolution - Kovatch; second - Dillard, carried with a unanimous roll -- call vote. 8. FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES RELATING TO INSPECTIONS FEES The establishment of these fees is necessary to insure timely and adequate inspections of new development and to place the costs for said inspections with the developer. Mr. Smith said we can hire an inspector or we can contract for this service. A contractor would only inspect large subdivisions, not single lots. Mr. Pat Dunlap, Public Services Director, said since the City does not have full time staff needed to do this, that it is recommended we go with a 6 month renewable contract at 4% of the cost of the project. Mr. Smith said that would still be less than 6 months. Mr. Smith stated that would be better than hiring someone and paying benefits, etc. for an employee. Mr. Smith said that references would be checked and that the performance would be monitored closely. Mr. Dunlap explained the "special inspections" should really be special services because it means inspections done after normal hours. Councilman Avey said the ordinance does not speci~ large developers and subdivisions and it should. Councilman Dillard asked Mr. Tim House his thoughts on this ordinance. Mr. House said this is an unanticipated cost and it will definitely effect their projections. Discussion followed regarding whether or not Ridgepointe would be impacted since permits have been requested. 8 Mr. Smith said the developers need to pay the cost of inspections, and went on to say we may want to hire an inspector later on. Councilman Kovatch said he agrees the development should pay for the costs but if the costs are less than 4%, the difference should be reimbursed to the developer. Mr. Smith said he had no problem with reimbursing the difference when the project is over. Councilman Watts asked if other cities have a contract of this type, and Mr. Dunlap said they do not. Councilman Watts said we need to be careful what message we are sending. Mayor Manning said we need to remember our impact fees are much lower than other cities and if the developer pays the full 4% it would still be less than if they were paying impact fees in another city. He said all developers expect to pay impact fees, but the City should not try to make a profit. Councilman Watts asked how this would blend with our impact fees and why we are the only city without staff inspectors and the only one considering a contract. Councilman Longo asked why our inspectors can't do this without a contractor or more people. Mr. Smith said the council has said they want better inspections, and to do that we need more manpower and that it takes more than 2 -3 hours a week. Mr. House said their engineers said it might average 8 hours a week. Mr. House estimated $400-$500 per lot and said he would be happy to meet with staff along with the other developers if the city desires. Councilman Kovatch said other cities use their fees to offset the salary of the inspectors. Councilman Longo asked staff and the developers to come up with a fair plan before the council is asked to take action. Councilman Watts asked what 8 hours will buy, stating that currently there may only be enough development for a contractor, but in a year there may be enough to hire a full time person. Johnny Smith agreed stating that development will be monitored and when it is justified, a full time person will be recommended. Councilman Kovatch said he is not sure we need to hire, but suggested looking at it next summer. Mayor Manning asked if the council disagrees with the developers paying for the costs. All agreed, therefore, the question is how should it be funded not whether or not we should do this. Mr. Smith said they are trying to target a bonded, qualified professional service company. He said more information will be gathered. 9. CONSIDERATION OF AUTHORIZING THE APPROVAL OF INTERIM TELECOMMUNICATIONS ANTENNA/TOWER SITING POLICIES AND GUIDELINES Current zoning and building codes do not adequately address the construction and siting of telecommunication antennas/towers. These interim guidelines would provide policy for staff in handling applications and requests. Mr. Smith said the City has nothing in place now and that we need interim guidelines until we can adopt our own Ordinance to regulate these issues. He said it might take 6 months to complete, and that FCC rules will be used. Motion to approve the interim guidelines - Watts; second - Stanwick, carried with a unanimous roll call vote. 9 10. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO SUBMIT THE COLONY'S PROGRAM ASSESSMENT FOR THE PROPOSED STATE HIGHWAY 121/F.M. 423 CONNECTOR ROADWAY Approval of this program assessment and its submission is necessary to insure the proposed State Highway 121/F.M. 423 connector road along the Wynnewood Peninsula is placed in the Texas Department of Highways' Long Range Plan. This connector road is on the Denton County and The Colony thoroughfare plans. The council briefly discussed the location of this roadway. Mr. Smith explained this is merely a concept but it has to be sent to TxDOT and if they accept it, then the specific details can be worked out and those details will come back to the council. Motion to approve submission of the assessment to TxDOT - Dillard; second - Stanwick, carried with a unanimous roll eaH vote. 11. CITY MANAGER AND STAFF REPORTS * A new switch will be installed at the Southwestem Bell building in The Colony in November, 1996. This is ahead of schedule and will allow us to have more services. Butt Solomons was mental in helping to get this accomplished. We will schedule a work session prior to November to discuss the changes. Councilman Longo suggested a thank you letter be sent to Mr. Solomons. * Effective September 14, 1996 the area code for The Colony will be 972. * Officer Mark Phillips reminded everyone about the 13th annual National Night Out on August 6, 1996. This is the fLrSt year for The Colony to participate. The purpose is to heighten awareness of crime prevention. He encouraged all citizens to go outside and meet their neighbors. There will be an Open House at the police department at 7:00 p.m. and there will be block parties in several locations in the city; Hamilton Court, Chapman Park, Fryer Drive, Cowan Park and Bill Allen Memorial Park. 9:21 p.m. Recess 9:22 p.m. 12. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 REGARDING LITIGATION AND SECTION 551.074 REGARDING PERSONNEL, TO-WIT: A. GIBSON VS CITY OF THE COLONY B. CITY ATTORNEY SERVICES 10:31 p.m. Reconvene 10 13. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION No action was taken. With no further business to address, Mayor Manning adjourned the meeting at 10:32 p.m. APPROVED: illiam W. Manning, ATTEST: Patti A. Hicks, TRMC, City Secretary 11