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HomeMy WebLinkAbout09/16/1996 City Council 00617.. MINUTES OF THE CITY COUNCIL MEETING HELD ON SEPTEMBER 16, 1996 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 6:30 p.m. on the 16th 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 Present Dave Kovatch, Councilmember Absent (Arrived 7:30 p.m.) and with six present, a quorum was established and the following items were addressed: 1. WORK SESSION TO RECEIVE REPORT FROM RAY TURCO AND ASSOCIATES REGARDING THE SURVEY DONE AS A PART OF THE COMPREHENSIVE PLAN Mr. J.T. Dunkin opened the work session, advising the council that the Comprehensive Plan Steering Committee has been meeting regularly since July, averaging 15 people in attendance. Members of Planning and Zoning, Parks and Recreation and the Economic Development Corporation Board have also attended. He said a preliminary land use plan should be brought to Council around the first of October for their review. After that the owners of raw land in the city should have a chance to review it. Worth Blake has met with the EDC three times and his survey is almost complete. Mr. Ray Turco then covered the high points of the survey. He said the survey is being reviewed by staff and council. He fielded questions regarding the results of the survey, and stated that he will now take this draft and prepare the final version. That will be to the city in the next few days. J. T. Dunkin said portions of the survey will be important to the land use plan, the parks plan and to Worth Blake regarding economic development. He said the city may want to do another survey in 2 - 3 years to see if any progress is being made. He said according to the survey, overall the citizens are pleased with the community. It was agreed that copies of the survey will be given to the Comprehensive Plan Steering Committee. Mr. Dunkin said he thinks a preliminary document will be ready by the end of January. He explained that it is very important for the city to develop this plan and then ask the developers for their input. He continued stating that the developers should work within the city's plan, instead of the city working within the developers' plan. He noted that things will probably not change drastically. INVOCATION - Barry Jameson, Colony Park Baptist Church PLEDGE OF ALLEGIANCE 2. CIT/7~RN INPUT - None 3. MAYORAL PROCLAMATIONS DECLARING SEPTEMBER 16 - 20, 1996 AS PAYROLL WEEK Jackie Carroll, City of The Colony Utility Administration Manager received the proclamation. DECLARING SEPTEMBER 17 - 23, 1996 AS CONSTITUTION WEEK Requested by the Cross Timbers Chapter of the Daughters of the American Revolution. Mayor Manning read the proclamation. It will be mailed to the requesting party. 4. RECOGNITION OF CITY EMPLOYEES AND PRESENTATION OF AWARDS FOR TENURE The following employees were not present but were recognized for their tenure with the City of The Colony: Cassandra Douglas, Jesse Galindo, Leo Lavender, David Fitzpatrick, Jesse Ledesma, Marc Dodge, Jeff Thompson, Bill Hall, Paul Tuker, David Winters, Robert Sargent, Michael Lewis. "- Mayor Manning presented awards to the following city employees: Jimmy Bell - Water Production - 10 years Becky Betancourt - City Manager's Secretary - 8 years Margaret Burkett - Personnel Director - 5 years Joe Hammond - D.A.R.E. Officer - 2 years 5. PUBLIC HEARING REGARDING AN APPLICATION BY FIRST UNITED METHODIST CHURCH FOR A CHANGE IN ZONING ON PROPERTY PRESENTLY ZONED AS SINGLE FAMILY, SEEKING TO HAVE THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR A CHURCH, AND CONSIDERATION OF AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR ABOVE NAMED ZONING CHANGE NORTHWEST CORNER OF THE INTERSECTION OF PAIGE ROAD AND AVERY DRIVE Mayor Manning opened the Public Hearing. Sam Chavez, City Planner, addressed the Council. The applicant is requesting a Specific Use Permit for the construction of an addition to their existing structure. The 4.133 acre site is zoned for the Single Family District and --~ 6 currently supports the existing church. The applicant's request brings the site into compliance with the city's zoning ordinance and will allow the church to construct additional square footage on the site. The Planning and Zoning Commission recommends approval of the request subject to all staff stipulations. There being no comments or questions, Mayor Manning closed the public hearing and asked for a motion to approve the request. Motion to adopt the ordinance authorizing a specific use permit for a church - Stanwick; second - Dillard, carried with all members voting Aye. 6. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF MINUTES OF THE COUNCIL MEETINGS HELD SEPTEMBER 5 AND 9, 1996 Minutes have been prepared and presented to the council for review and approval. Motion to approve the minutes as written - Dillard; second - Avey, carried with all members voting Aye. B. CONSIDERATION OF A RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE REVENUE BONDS At the direction of the council, revenue bonds will be sold in an amount of 1.7 million dollars for the replacement of water lines in Eastvale and the construction of an overhead storage tank on the Billingsley property in the southern portion of the city. This resolution is a requirement to begin that process. Motion to approve the resolution as written - Dillard; second - Avey, carried with all members voting Aye. C. CONSIDERATION OF AUTHORIZING AN AMENDMENT TO THE ARTICLES OF INCORPORATION OF THE COLONY MUNICIPAL ECONOMIC DEVELOPMENT CORPORATION, TO ALLOW FOR STAGGERED TERMS FOR ITS MEMBERS Currently, the terms of all members of the above named board expire in December, 1996. It is the recommendation of counsel and the Board that the terms be staggered. The council is being asked to authorize that amendment. Motion to approve the amendment as recommended - Dillard; secOnd - Avey, carried with all members voting Aye. D. CONSIDERATION OF AN ORDINANCE ADOPTING THE AD VALOREM TAX RATE FOR THE YEAR 1996 With passage of this ordinance the ad valorem tax rate for the year 1996 will be set at $.795. This rate does not reflect an increase in the tax rate from last year. Motion to approve the tax rate of $.795 per $100 valuation - Dillard; second - Avey, carried with all members voting Aye. E. CONSIDERATION OF AN ORDINANCE ADOPTING THE MUNICIPAL BUDGET FOR THE YEAR 1996-97 Councilman Avey pulled this item from the Consent Agenda for discussion, stating that she would like to postpone this item and have one more meeting to discuss items in a memorandum she handed out prior to this meeting. Mayor Manning said he is satisfied with the Budget. Councilman Longo agreed with Councilman Avey. Motion to postpone this item until a meeting can be set next week - Avey; second - Longo. Councilman Kovatch said it appears that every concern in the (above named) memorandum had been answered and the other items mentioned have been previously agreed to by council He said he sees no reason to stop approval of the budget. Councilman Watts said it appears that after seeing the city survey that the budget may not have addressed the desires of the citizens. Before the vote was taken, City Attorney, John Hill noted that the tax rate has already been approved and the budget cannot be postponed without postponing action on the tax rate as well. He stated that the tax rate cannot be adopted until the budget is adopted. Motion amended to reconsider the vote on the tax rate at a time to coincide with the vote on the budget - Avey; second - Longo, failed with the following roll call vote: Aye - Longo, Watts, Avey No - Stanwick, Dillard, Kovatch, Manning Motion to approve the budget as presented - Stanwick; second - Dillard, carried with the following roll call vote: Aye - Stanwick, Dillard, Kovatch, Manning No - Longo, Watts, Avey 7. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE POLICE DEPARTMENT POLICIES AND PROCEDURES WITH REGARD TO CITIZEN OBSERVERS The Chief of Police has asked for approval of an amendment to the Policies and Procedures to allow citizen observers in police vehicles. The policy would include 8 Councilmembers. Councilman Kovatch asked the City Attorney to review the waiver of liability to ensure the city is covered. Mr. Smith assured council that will be done and that TML, our liability insurance carrier, will also review the waiver. Councilman Avey asked if the waiver will be brought back to the council after it has been reviewed and Mr. Smith advised that can be done if council desires. Motion to approve the police amendment with the stipulation that the waiver will be approved by TML and the City Attorney - Kovatch; second - Watts. Councilman Stanwick asked about Explorer Scouts. Mr. Smith said they could be included if the City adopts an Explorer program. Continuing, Councilman Stanwick said the waiver requires riders to be 18 years of age and that would exclude Explorers. Mr. Smith said the council would have to approve the change. Mayor Manning said if we adopt an Explorer program then that can be added to the policy. Motion carried with all members voting Aye. 8. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 19 ESTABLISHING A CERTAIN PORTION OF JOHN YATES DRIVE AS A ONE WAY STREET The Chief of Police has recommended that the portion of John Yates Drive from its intersection with Nash Drive to its intersection with Thompson Drive be designated as a one way street during the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday. During these times, traffic would only be allowed to flow northbound from Nash to Thompson. It is hoped that this change would alleviate the very dangerous situation that occurs in that location on a daily basis. Mr. Smith said the Chief of Police, as traffic administrator, has recommended this change. Mayor Manning expressed concern with making the street for only one block and asked if the ordinance can be adopted on a trial basis. Attorney, John Hill said it cannot be adopted on a trial basis, but it can be repealed at a later date if the council desires. Mr. Charles Roche, 4809 Brandenburg, president of the Peter's Colony PTA, addressed the council and said his reasons for wanting this done is strictly for safety reasons and that he would not care if it was for more than one block. Ms. Cindy Lewis, 5013 Ashiock, said she has seen this same problem for 10 years. People don't pay attention to signs and she is concerned for children's safety. Discussion followed regarding properly marking the street, the unique situation at the comer of John Yates and Nash, confusion this will cause, increased traffic this will cause on Thompson Drive, etc. Lt. Mike Carroll said there will be an educational process needed but once people know, they will probably adhere to the change. Councilman Dillard disagreed with this proposal, stating it is taking the public use of a street away from the people. Further discussion followed regarding enforcement of this proposed ordinance. Mayor Manning said if passed, he would like periodic reports on its success. Councilman Watts asked if LISD has been approached about constructing a turn lane into the parking lot. Mr. Roche said that was in the original plan of the school, but the City Council 9 at that time had turned it down. Councilman Watts asked Mr. Roche to approach the school district about constructing a turn lane and Mr. Roche agreed. Councilman Dillard said it would be nice if they (LISD) could share in this matter. This ordinance is for first reading only, no action taken. 9. DISCUSSION AND APPROPRIATE ACTION REGARDING UNEXPENDED FUNDS FOR CAPITAL PURCHASES IN THE 1995-96 YEAR At the September 9, 1996 council meeting, the City Council discussed the need to purchase the Voter Tally System which was budgeted for 1995-96. It was agreed this would be discussed further at this meeting. Along with this discussion, staff is prepared to request direction from the council on purchasing other items from unexpended funds in the 1995-96 budget. Items to be discussed include: Voter Tally System - $4,475.00; Improved Lighting in Council Chambers - $2,700.00; Lavaliere (microphone) - $676.00; Covered area at back door to City Hall $1,800.00; Security modifications at receptionist desk in City Hall - $1,963.00. With regard to the voting system, Councilman Longo and Councilman Avey strongly support purchasing the system. Councilman Kovatch would like to eliminate the roll call vote, but said he can't see spending $4,475.00 on such a system. He went on to say that as far as the other items mentioned, he recommends holding off until the mid-year review. Councilman Longo asked who bid on the security system, stating that the bid is too high and there should not be a construction manager fee included. He asked if the facilities maintenance crew could do this project. Councilman Watts said she is in favor of a simultaneous voting system. She said some members don't say anything the way the Mayor has been asking for the votes recently ("all those is favor"). She said a roll call vote is needed so the citizens know how individual members are voting. Brief discussion regarding methods of voting. No further action taken on this item. 10. CITY MANAGER AND STAFF REPORTS * Stewart Peninsula Development Partners (Rusty Nichols) has signed a contract to purchase the 40 acre Johnson tract. Their golf project is moving along. * Billingsley project is moving along. Staff is meeting with the attorneys this week regarding the proposed condemnation of the railroad right-of-way. The first part of the developer's agreement will then be brought to the council. * The Seniors' Building and the Lab Building are both complete and within budget. * The bond figures on the streets are almost complete. * Staff is meeting with developers Tuesday regarding the inspection fees. * The land swap between the Cities of Lewisville and The Colony is on the Lewisville agenda tonight and will be on our agenda at the next regular meeting. * The City Manager will be meeting with Dr. Clem tomorrow to finalize the acquisition of the last piece of right-of-way for the Josey Lane/Main Street extension. * The City Manager and Councilman Kovatch met with the City Manager and Mayor 10 of Frisco. A joint meeting between the two cities is encouraged sometime in November. * There is a work session next Monday night. Councilman Watts asked that her request to appoint a committee regarding the Channel 6 guidelines be on that agenda. APPROVED: Manning, ATTEST: (- Patti A. Hicks, TRMC, City Secretary 11