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HomeMy WebLinkAbout09/09/1996 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 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 9th day of September, 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 Absent Dave Kovatch, Councilmember Present and with six present, a quorum was established and the following items were addressed: INVOCATION - Mother Jandie Watkins, St. Peter's by The Lake Episcopal Church PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT - None 3. RECEIVE PRESENTATION REGARDING UPCOMING PROGRAMS AT HIDDEN COVE PARK Mr. Sam Fitzgerald, Manager at Hidden Cove Park, handed out fliers and invited the council and citizens to come out to the park for all the upcoming activities at the park. Activities include: Olde Memories, H.S. Cross Country Meet, Octoberfest, and Haunted Hayride. 4. PUBLIC HEARING ON A TAX INCREASE A public hearing is required when the proposed tax rote is higher than the effective tax rote. The effective tax rote will be .77505. An increase in the present tax rote is not being proposed for the 1996-97 year, however, appraised property valuations have forced the effective tax rote down, therefore, our current tax rote of $.795 per $100.00 is more than 3% above the adjusted tax base. Mayor Manning opened the public hearing. There were no speakers or comments from the Council. Mayor Manning closed the public hearing. 5. PUBLIC HEARING REGARDING AND CONSIDERATION OF APPROVAL OF A REPLAT OF LOT 2, BLOCK 1 OF THE ECKERD'S ADDITION, LOCATED SOUTH OF THE SOUTHWEST INTERSECTION OF NORTH COLONY BOULEVARD AND F.M. 423 Mr. Sam Chavez stated the applicant is requesting approval of a replat of Lot 2, Block 1 of the Eckerd's Addition, which is a 4.6542 acre lot, located south of Eckerd's Drug Store. The proposed replat subdivides Lot 2 into two (2) lots. LOt 2R contains 3.648 acres and LOt 3 contains 1.004 acres. LOt 3 is the proposed future location for Auto Zone. A thirty-five (35) foot wide access easement is indicated on the proposed replat in order to provide vehicular and emergency access to the site from N. Colony Blvd. The city's Thoroughfare Plan designates F.M. 423 as a six lane divided thoroughfare which requires one hundred and twenty (120) feet of right-of-way. Mr. Chavez said the proposed replat indicates ninety (90) feet of right-of-way, forty-five (45) feet from the eenterline, therefore, an additional fifteen (15) feet of right-of-way is needed in order to comply with the adopted Thoroughfare Plan. Continuing, Mr. Chavez said staff has reviewed the proposed plat and found that the proposed mutual access easement on N. Colony Blvd., through LOt 2R does not match the driveway location proposed on the applicant's construction permit plans. Further, based on the applicant's submitted site plan for Auto Zone and the city's adopted Thoroughfare Plan, the site plan will have to be amended to account for the fifteen (15) feet of additional right-of-way on F.M. 423. The applicant may also be required to move the west property line of Lot.3 further to the west in order to account for the additional right-of-way on F.M. 423. On August 13, 1996, the Planning and Zoning Commission recommended approval of the applicant's request subject to all staff stipulations. Mayor Manning opened the Public Hearing. Dr. Janie C. Gifford, 4116 Main Street and owner of North Street Development Co. (property owner in this case) addressed the council. She presented some options that may be more appealing to the City and the developer: 1. City will purchase the 15' easement from North Street Development. 2. City will condemn the 15' easement. 3. There is an existing llY utility easement which can be used for right-of-way and she will donate the additional 5'. In exchange, Auto Zone can move their store front closer to the roadway. Mr. Chavez showed exhibits which explained the proposals. He said the 10' would have the least impact on Eckerd's, Auto Zone and the residents to the south of this property. ~ He said if we have to dedicate a 15' easement, we will encroach on Eckerd's lot as well as the residential lots to the south. General discussion regarding the proposed six lanes for F.M.423. Six lanes can be built in 100' with no median. Mr. Smith said staff recommends the common sense approach, which would be to go with the 10' right-of-way easement. Mr. John Pierce, representing Auto Zone, recommended reducing the right-of-way to Iff. He said a delay in this action, could harm the project. Mayor Manning closed the Public Hearing and suggested postponing action on this item until later in this meeting. Motion to postpone action until later in this meeting - Watts; second - Kovatch, carried with all members voting Aye. 6. CONSENT AGENDA A. CONSIDERATION OF THE APPROVAL OF MINUTES OF THE CITY COUNCIL MEETINGS HELD AUGUST, 19, 26, AND 27, 1996 Minutes of the meetings have been prepared for review and approval. Motion to approve the minutes as written - Stanwick; second - Kovatch, carried with all members voting Aye. B. CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR 1997 FINANCIAL PLAN OF THE DENCO AREA 9-1-1 DISTRICT Pursuant to the Texas Health and Safety Code, Chapter 772, each participating city must approve the annual financial plan of the Denco Area 9-1-1 District by resolution. Motion to approve the resolution as written - Stanwick; second - Kovatch, carried with all members voting Aye. C. CONSIDERATION OF A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR THE PROVISION OF LIBRARY SERVICES Annually, the city is asked to authorize the interlocal agreement by resolution. The agreement has been reviewed and its approval is recommended. Motion to approve the resolution as written - Stanwick; second - Kovatch, carried with all members voting Aye. D. CONSIDERATION OF A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR HIGHWAY 121 CONSULTING SERVICES The City has been contracting with Collin County since 8/1/1988 for Highway 121 consulting services provided by Robert Pope and Associates. This agreement is for the 1995-96 year at a cost of $826.35. Councilman Kovatch noted that the population numbers are too low for the member cities. Mr. Smith said he believes the numbers are from the 1990 census but that he can bring that to the attention of the 121 Task Force at the next meeting. Motion to approve the resolution as written - Kovatch; second - Watts, carried with all members voting Aye. E. CONSIDERATION OF A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH DENTON COUNTY FOR LEASE OF THE PROPERTY 7 LOCATED AT 6301 MAIN STREET, THE COLONY The City entered in an interlocal agreement with Denton County for the lease of the Senior Center. The lease has been amended to include the entire building and it is time for renewal of the lease for the next fiscal year. The lease is identical to the existing lease with the exception of the additional space, now included. Councilman Watts stated that she is in total support of the seniors' program, but she is not in favor of this lease. She said according to section 3.2, the lease (amount) may be increased by the County and if the City does not agree, then we have only a ~hort time to vacate the premises. Mr. Dick Weaver, 4940 Hackney, President of the Senior CitizensOf The Colony said he is not really concerned about that because he has been working with the Commissioners for years with no problems. He said it would be political suicide for them to do such a thing and'it is not feasible. Motion to approve the resolution as written - Stanwick; second - Longo, carried with the following vote: Aye - Longo, Stanwick, Avey, Manning No- Watts, Kovatch 7. CONSIDERATION OF ACCEPTANCE AND AWARD 'OF BIDS FOR THE PURCHASE OF VEHICLES AND APPROVAL OF AN ORDINANCE AUTHORIZING A CONTRACT FOR SAME Chief Joe Clark explained the process began as part of the 1996-97 budget sessions. Bids were received and opened publicly on August 19, 1996. The bids have been reviewed and staff has made a recommendation to award the bids for the purchase of one passenger van at a cost of $19,030.00, three police admim'stration vehicles at a cost of $16,244.60 each, and one D.A.R.E. vehicle at a cost of $13,989.15 to Bankston Ford of Frisco. He further explained that he is recommending rejecting the bid on the C.I.D. vehicle. He recommended waiting until the vehicle is actually needed, after the first of the year. Chief Clark stated there is a total savings of $14,445. Mr. Tony Johnston, Finance Director, said that money would go back to the vehicle replacement fund. He is trying to accumulate enough to purchase the Fire Chief a new vehicle. Motion to accept the bids as recommended, award the bid to Bankston Ford, and approve an ordinance authorizing contract for same - Kovatch; second - Stanwick, carried with all members voting Aye. At this time, Mayor Manning asked for a motion to bring item 5 back. to the table. Motion to bring Item 5 back to the table - Longo; second - Kovatch, carried with all members voting Aye. 8 5. PUBLIC HEARING REGARDING AND CONSIDERATION OF APPROVAL OF A REPLAT OF LOT 2, BLOCK 1 OF THE ECKERD'S ADDITION, LOCATED SOUTH OF THE. SOUTHWEST INTERSECTION OF NORTH COLONY BOULEVARD AND F.M. 423 Mr. Chavez advised that he had visited with Dr. Gifford and Mr. Pierce about this matter. He stated that the property owner and the applicant have agreed to a 10' right-of-way dedication. He noted that on the Results sheet, item 4 will need to be amended to read ten (10) feet, but that is the only change needed. Motion to approve the replat as presented with Item 4 on the results sheet amended to read ten (10) feet - Kovatch; second - Longo, carried with all members voting Aye. 8. CONSIDERATION OF AUTHORIZING THE RENEWAL OF THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE PROVISION OF EMPLOYEE HEALTH, LIFE, DENTAL AND VISION INSURANCE COVERAGE Staff has reviewed the proposal from TML and recommends renewal of our agreement with them for the provision of insurance coverage for city employees. Margaret Burkett explained that early projections were for a 10% increase in rates. The first rate that came in from T.M.L. was 15%. After reviewing all the options available, and discussing these with the employees, staff is recommending going with a P.P.O. plan which is only an 8.2% increase over last year. This is less than our original projections for the 1996-97 budget. Motion to authorize the renewal of the agreement as recommended Longo; second - Kovatch, carried with the following vote: Aye - Longo, Watts, Stanwick, Avey, Kovatch Abstain - Manning 9. CONSIDERATION OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, AMENDING CHAPTER 6, ARTICLE VI CONSTRUCTION OF PUBLIC WORKS RELATING TO PUBLIC WORKS INSPECTION FEES A 3% inspection fee will be charged for the development of any subdivision where installation and improvements are intended to be dedicated to the City. This fee will be used for inspection of streets, alleyways, water, sewer, drainage or storm sewers, sidewalks, screening and/or retaining walls and/or fences, along with other City Code requirements. Mr. Smith advised that the council has given staff direction to do better inspections on construction projects and this ordinance would help the city to recoup some of the costs of doing those inspections. Other cities have an inspector on staff, but The Colony does not. The recommendation is a 3% fee, with any unused funds being returned to the developer. Mr. Pat Dunlap, Public Services Director, agreed stating that historically, inspections have been done by the public works and water distribution supervisors. He said these inspections are imperative for assuring that infrastructure is properly installed. The City has always absorbed 9 the costs involved in performing these inspections, however, work load demands on the current staff has increased and with the expected influx of new development it will further increase. Mr. Dunlap continued, stating that in order for the city to recover these costs the implementation of this fee is recommended. He said an area survey shows that many metroplex cities have an infrastructure development related inspection fee in place. This fee can be used to hire contract inspectors for the construction period, and will eliminate the need to take staff away from their normal work load. Mr. Dunlap said the proposed fee would be 3% of the final contract amount of the construction of the project, then at the end of the project any excess funds would be refunded to the developer. Don Blackwood, Rt. 3 Box 232, The Colony, representing Crow-Billingsley Development Corporation, asked the council to postpone action on this item until the developers have had a chance to review this proposal. He said he is not sure what impact this will have on the Billingsley project, but that it would be substantial. He requested a work shop between staff and the developers to get a better understanding of this ordinance. Mr. Blackwood agreed that we need good inspections, but said there may be some inequities with a 3% fee. Tim House, representing Ridgepointe and Matthews-Southwest, also agreed that good inspections are needed, but said they want an equitable amount. He also requested a work session to discuss this ordinance. He said the 3 % is too high because his understanding was this was not to be a profit maker. Motion to postpone this item until staff and the developers can have a work session - Longo; second Kovatch. Councilman Kovatch said he thought the direction was for this to be solely for recouping the city's costs and the excess to be returned to the developer. He also said the 10% administrative fee is too high. Mayor Manning agreed, stating that perhaps a f'Lxed amount would be better. Mr. Smith advised that the money will be escrowed and when the project is complete, the excess will be refunded to the developer, noting there will be some administrative time and the developer should pay those costs. Councilman Watts said the fee is to be paid before work commences and asked what that means. Discussion regarding what constitutes start of the project; platting, etc. Mayor Manning said perhaps the developers should fund an employee for this purpose for the next 2-3 years (during the high construction period). Mr. Smith said that has been discussed. Motion carried with the following vote: Aye - Longo, Watts, Kovatch, Manning No - Stanwick, Avey 10. CONSIDERATION OF ADOPTION OF AN ORDINANCE AUTHORrZING THE ISSUANCE OF AND SALE OF CITY OF THE COLONY, TEXAS, WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1996-A, IN THE AGGREGATE PRINCIPAL AMOUNT OF $810,000; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE SECURITY AND PAYMENT OF SAID BONDS; AWARDING 10 THE SALE THEREOF; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT The city council previously approved the issuance of bonds for water and sewer improvements. This ordinance is required to authorize the issuance and sale of those bonds. Mr. Tony Johnston explained that the bonds are to install the frae bubble diffusers at the wastewater treatment plant and to relocate the utility lines along F.M. 423. He said they had to be separated because the wastewater improvements are being sold through the Texas Water Development Board in an amount of $810,000. The water line relocation bonds are being sold through the open market in an amount of $515,000. He said both issues will be paid by increasing the S.R.F. charge by $1.20 per month. Boyd London with First Southwest addressed both bond issues. He said bids were opened at 3:00 p.m. today on the $515,000. The best bid was from Paine Webber at 6.146298%. The rates were set today on the $810,000 at just above 5%. He said his fu'm is pleased with the interest rates and that they recommend approval. Discussion followed regarding the feasibility of combining the $515,000 with the next bond sale of $1.7 million just authorized. Mr. London said that could be done, but he does not believe a lot would be gained by doing so. Motion to approve the ordinance as written - Kovatch; second - Stanwick, carried with all members voting Aye. 11. CONSIDERATION OF ADOPTION OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF AND SALE OF CITY OF THE COLONY, TEXAS, WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1996-B, IN THE AGGREGATE PRINCIPAL AMOUNT OF $515,000; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE SECURITY AND PAYMENT OF SAID BONDS; AWARDING THE SALE THEREOF; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT The city council previously approved the issuance of bonds for water and sewer improvements. This ordinance is required to authorize the issuance and sale of those bonds. This issue was discussed during the previous item. Motion to approve the ordinance as written - Kovatch; second - Longo, carried with all members voting Aye. 12. CITY MANAGER AND STAFF REPORTS 1. Bill Allen Memorial Park - During budget discussions, a sidewalk was proposed to give access to the park from the Underwood area. Mr. Smith said there is $8,300.00 left in the grant fund for that park and the council can decide how it should be used. There is no time constraint on this and it will not impact the 1996-97 budget. 11 2. Councilman Kovatch asked if the council really wants to expend the funds for a voter tally system. After a brief discussion, it was decided this item should be addressed at the next meeting. 3. Tony Johnston asked if the council is satisfied with the 1996-97 budget. Mayor Manning directed Mr. Johnston to proceed with placing it on the September 16, 1996 meeting for adoption. With no further business to address, Mayor Manning adjourned the meeting at 9:25 p.m. APPROVED: ~t'illiarn W. Mann,g, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary 12