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HomeMy WebLinkAbout11/18/1996 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON NOVEMBER 18, 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 18th day of November, 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: PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Mayor Manning announced that Wal-Mart is sponsoring a raffle to give away a television for The Colony High School Cougar Band. All proceedings will go to the band's trip to the Rose Bowl in January, 1997. Drawing will be December 8, 1996 after the Christmas parade. David Heiman, 5949 Fox Drive, said he believes the council has forgotten the purpose of citizen input and addressing the City Council. He said he doesn't always agree with the council and that there are things he does not understand but name calling should not be allowed during the council meetings. He called on all the council to conduct themselves properly and on the Mayor and Mayor Pro-tern to keep control of the meetings. He said he would like more information on the firing of Johnny Smith also, but it (inquiring) has to be done in the proper manller. Bob Poynter, 5008 N. Colony Blvd., had three questions: 1) Why are there two rotes for 1000 gallons of water? 2) Why did the "SRF" charge go from $1.65 to $2.92? 3). The one way street on John Yates has created a traffic jam; there is no sign on Thompson. The better way would be to ask the school to close the west entrance. Mayor Manning said staff will contact Mr. Poynter and discuss these matters. Joe Agnew, 5301 Nash Dr., stated that the following letter is directed at the entire council not just the two who happened to be named in it (letter). He stated that Mr. Smith's leaving the city and the public presentation made last week (at the council meeting) have prompted him to write the letter, which he read as follows: Denton County District Attorney, Mr. Isaacks: Recent events in the City of The Colony have brought me to request the assistance of your office. On October 6, 1996, I was checking the posted agenda for a meeting of October 5 7. An item concerning the city manager, Mr. Johnny Smith, appeared on that agenda. I subsequently contacted Councilman Kovatch regarding that matter. In my conversation with Mr. Kovatch I commented I thought Mr. Smith was serving the city well and then requested his comments on this item. Mr. Kovatch personally stated that he could only say that he was the swing vote on the issue and knowing my concern, the vote would not go well. When I asked for additional information I was told he would not disclose anything further. At the meeting of October 7, 1996, after an executive session of City Council, Mr. Smith tendered his resignation and it was then accepted with a unanimous vote of the council. At the council meeting of November 4, 1996, Councilmember Watts was conducting a presentation when she displayed a letter that dealt with personnel matters regarding the current city attorney. Attached please find a copy of said correspondence which appears to be a request for action to be taken on a city personnel matter. The request being an action that needs to be decided at a posted, public meeting of the city council. As a former city Councilmember, I'm reasonably familiar with the Texas Open Meetings Act. It is my opinion in light of these two occurrences there are members of the current council that have chosen to repeatedly ignore this most important law. When elected officials choose to conduct the business of the community in private without public discussion the most basic of democratic doctrines is violated. I am, therefore, requesting that your office investigate the actions of the city council of the City of The Colony for possible violations of the Texas Open Meetings Act of the Charter of the City of The Colony. Mr. Agnew continued by asking the council to give a public consensus, to help remove this cloud that they have placed over this city, to join him in requesting Mr. Isaacks to come and look at the entire council. He stated there is a systemic problem that needs to be addressed and let his (D.A.) finding be what they are, let the chips fall where they may. Lou Gomez, 5081 Shannon Drive, stated that two weeks ago he had addressed the council about several issues and that he is here to address those issues again. He said that during the last session, Councilman Longo attacked his character and that he would like to address that matter now. Continuing, he addressed Councilman Longo, stating that during the attack a letter had been referenced, written by former city Councilmembers in which my resignation (from council) was requested for alleged moral turpitude. Mr. Gomez said the letter insinuated criminal and immoral activities however, there was no basis for those accusations. He indicated that the backgrounds of some of the signers were questionable as well. Councilman Watts raised a point of order at this time, stating that Citizen input is for council issues and this matter seems to be personal conversation between Mr. Gomez and Councilman Longo. Mayor Manning asked Mr. Gomez if he was going somewhere regarding an issue. Mr. Gomez stated he was going somewhere if allowed to continue. Councilman Watts asked what issue he was addressing. Mr. Gomez continued stating that he had exposed one of them (signers of the letter) for a very illegal activity that four of the current council (allegedly) have participated in. He said he wanted to set the record straight and provided copies of a newspaper article regarding the matter. Mr. Gomez continued stating that in the past Councilman Longo has rendered great service to this community and that we should all be thankful. He said that he is thankful for his military service as well. However, that does not excuse actions of recent weeks. He asked four Councilmembers (Longo, Watts, Avey, Kovatch) why they continue to ignore the requests of 6 multitudes that want them to resign. Continuing, Mr. Gomez asked Councilman Watts to respond to a previous question about a campaign contribution by him (Gomez). He noted that Councilman Kovatch had placed an item on the agenda tonight about the child care issue so as to clear the air about rumors. 7:49 p.m. Councilmembers Longo, Watts, Avey and Kovatch left the meeting. Mr. Gomez continued stating that Richard Nixon would be remembered as a great statesman and that he ultimately did the right thing and resigned. His (Nixon) shame was overshadowed by his good deeds. Mr. Gomez asked that they stop blaming the messenger for spot lighting their indiscretions. He said they have brought them upon themselves and it was them who violated a trust. He asked again that they resign. Mayor Manning asked the City Secretary to invite the other Councilmembers back into the meeting so there would be a quorum and business could continue. 3. MAYORAL PROCLAMATIONS DECLARING NOVEMBER 17 - 23, 1996 AS CHILDREN'S BOOK WEEK Mayor Manning read the proclamation which was accepted by Debbie Brightwell, Youth Services Librarian. Ms. Brightwell invited the public to come by the Library to help in this celebration. DECLARING NOVEMBER 24 - DECEMBER 1, 1996 AS BIBLE WEEK Mayor Manning read the proclamation which will be mailed to the Laymen's Bible Association in New York, N.Y. Patti Hicks returned and advised that all four Councilmembers had left the premises. Brief discussion followed with the City Attorney regarding whether or not the meeting can continue. It was determined that the council could continue to receive information and the City Attorney would confu'm (in the law) if the council could, in fact, conduct any other business without a quorum present. John Hill said that if the meeting was opened with a quorum, then the quorum cannot be lost. 4. RECEIVE REPORT FROM SOUTHWESTERN BELL TELEPHONE REPRESENTATIVE Ms. Holly Rorschach, with Southwestern Bell gave an update on new services available to customers in The Colony. Those services include: Caller I.D., Call Return, Call Forwarding, Three-Way Calling, Auto Redial, Speed Calling 8, Priority Call, Call Blocker and Call Trace. 7 8:00 p.m. Councilman Avey returned to the meeting. __ Mayor Manning stated that there is a quorum present and the council will continue with business: Motion to adjourn - Avey - Died for lack of a second. 5. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD OCTOBER 21, NOVEMBER 4, 7 AND 11, 1996 Council meeting minutes have been prepared for council review and approval. Motion to approve the minutes as written - Stanwick; second - Dillard, carried with all members voting Aye. 14. CONSIDERATION OF DIRECTION TO STAFF AND PLANNING AND ZONING COMMISSION REGARDING THE REVISION OF ORDINANCES AFFECTING CHILD CARE WITHIN THE CITY. Mayor Manning stated this item had been requested by Councilman Kovatch, and while he has left the meeting, there were several citizens who had requested to speak so this item will be addressed at this time. Liz Ripperger, 5640 Terry, stated the Child Care Association is holding a meeting tonight with a guest speaker so some could not be here. Ms. Ripperger said she hopes to tell the council a little about home child care, stating it is about choice. She said there are about 60-70 child care homes involving 400-500 children. There is definitely a need for it in this city. The care givers are licensed and registered by the State and follow strict rules. They attend numerous seminars and are inspected by the Texas Department of Human Services, the City of The Colony and The Colony Fire Department. She stated they believe they are a necessity to this community and provide a service to hundreds of parents who would say the same thing. She said she was concerned about why this was brought to the council and wanted to give information to the council. Councilman Dillard asked about the Federal Food program. Ms. Ripperger explained it, stating that care givers are required to introduce special foods (vegetables for instance) for which they are reimbursed. Jo Burke, 5117 Gilliam Cir., stated the political process directly effects the lives of children, however, children lack access to that process. Children's needs are not being met; they depend on adults. She advised council of the current state of affairs in our nation concerning the development of children. Continuing, she stated it is becoming harder to find qualified care givers. Children need adults to speak out on their behalf. The Colony Child Care Association work with the parents to meet these needs. She said this association is committed to working with the City to identify the child care problems and to solving them. Ms. Burke stated in closing, "A hundred years from now it will not matter what my bank account was, the sort of house I lived in or the kind of car I drove. But the world may be different because I was important in the life of a child". Cyndi Lewis, 5013 Ashlock, stated she had nothing to add to this issue. Mr. Smith said he would not speak for Councilman Kovatch, but in a conversation with him today, he said his intent with the agenda item was to encourage staff and Planning and Zoning to move quickly to amend the child care ordinances and bring them to the Council. Mr. Smith said there has been no direction from staff to do away with home child care. He said it is important to recognize the number of young people we have and that home child care is an asset we cannot do without. He invited the participation of the association. Mayor Manning said we need to protect this type of business and preserve the residential neighborhoods. Mr. Smith agreed there needs to be a balance of the two. Staff was directed to proceed. 6. PUBLIC HEARING AS REQUESTED BY ELLIS MEALS FOR A REPLAT OF PROPERTY PRESENTLY ZONED PLANNED DEVELOPMENT 2 (PD-2) FOR THE (LC) LIGHT COMMERCIAL DISTRICT, SEEKING A REPLAT OF LOTS 33 AND 34, BLOCK 2 OF GARZA LITTLE ELM LAKES ESTATES ADDITION INTO A SINGLE LOT, LOCATED BETWEEN E. LAKE HIGHLAND DRIVE AND WITT ROAD, ON THE EAST SIDE OF ELM STREET AND CONSIDERATION OF APPROVAL OF RE- PLAT AS REQUESTED. The applicant is seeking a replat on two lots in the Eastvale subdivision into one lot. Following the public hearing, the council may take action to approve the request. Mayor Manning opened the public hearing. There were no speakers and the public hearing was closed. Motion to approve the replat as requested - Dillard; second - Stanwick, carried with aH members voting Aye. 7. TWO PUBLIC HEARINGS ON APPLICATION OF TOM CRAVENS, BENCHMARK GROUP OF TEXAS, INC FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS PLANNED DEVELOPMENT 9 (PD-9) FOR THE (BP) BUSINESS PARK DISTRICT SEEKING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY AMENDED AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY TWO (2) SPECIFIC USE PERMITS FOR: (1) A BEVERAGE STORE FOR THE SALE OF BEER, WINE AND LIQUOR FOR OFF-PREMISE CONSUMPTION AND RELATED SITE PLAN AND (2) A BEVERAGE STORE FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION AND RELATED SITE PLAN NORTHEAST CORNER OF THE INTERSECTION OF STATE HIGHWAY 121 AND PAIGE ROAD These public hearings have been continued by Planning and Zoning Commission until the 9 November 26, 1996 Commission meeting. It will be necessary for the Council to open the public hearings, then move to continue them to the December 16, 1996 council meeting. Mayor Manning opened the public hearings. Motion to continue the public hearings until the December 16, 1996 council meeting - Dillard; second - Stanwick, carried with all members voting Aye. 8. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION ON APPLICATION OF TRUMAN EDMINSTER, CARTER AND BURGESS, INC, SEEKING TO AMEND THE PLANNED DEVELOPMENT 8 (PD-8) ZONED FOR THE (SF) SINGLE FAMILY RESIDENTIAL DISTRICT TO ADD APPROXIMATELY FORTY (40) ACRES, DESCRIBED BELOW, FOR SINGLE FAMILY RESIDENTIAL USES GENERALLY LOCATED WEST OF F.M. 423, NORTH OF NORTH COLONY BOULEVARD AND WEST OF ETHRIDGE DRIVE IN UNINCORPORATED DENTON COUNTY The city is in the process of annexing this property, at the request of the property owners. (Stewart Peninsula Development Panners is buying the property from the Johnson family) The annexation will be completed on December 2, 1996 and if the City Council and Planning and Zoning Commission agree, the zoning change will be approved at that time. Mayor Manning opened the City Council Public Hearing. V. Chairman Crocker opened the Planning and Zoning Public Hearing. Present for the Planning and Zoning Commission were: Members Agnew, Baker and Hubbard and V. Chairman Crocker. Mr. Truman Edminster with Carter and Burgess, Inc. explained the request to zone the 40 acres to be annexed in The Colony. He said it will be included in the Planned Development 8. Eight acres will be dedicated to the city as an addition to Stewart Creek Park and the 9 hole golf course. Originally 870 units were approved but the total as of now will only be 867. Small "empty nester" type homes are planned in the F1 section adjacent to the golf course. As many of the existing trees will be kept in the front lawns as possible. Mr. Smith explained that the lease for 65 acres for the golf course is going to the Corps tomorrow and the 8 acres is added to that. Mr. Rusty Nichols said the Peninsula Golf Assoc. will build and maintain the course. If the course fails, the 8 acres will revert back to the homeowners' association. Member Agnew asked about a traffic study on the 40 acres. Mr. Edminster noted the original plan called for improvements to be made at the intersection of 423 and N. Colony. Those plans are ready and the improvements are scheduled to be done in conjunction with the widening of 423. He said the count is actually lower today than it was originally so they had asked for a waiver of another study. Bill Dunn, 4641 Freeman Dr., asked if there is a plan to build a north/south roadway to connect N. Colony and Hwy. 121. Mr. Smith said the transportation study recently completed 10 did not include that roadway, but the engineer has been asked to look at that as an alternate. V. Chairman Crocker said we don't want more congestion around the school. Lengthy discussion followed regarding the traffic flow in the area. Mr. Nichols said many of the buyers are single, high income persons who want a small home on the golf course and they will not add to the congestion around the school. Cliff Bormann, Building Official, said he has two items to add the staff recommendation: 1) Delete development standards for tract D parcel 2 as the single family district standards do not apply to the tract and 2) replace requirement for garages in the development standards tract A parcel 2 with the same requirements of tract A parcel 1. These items have been discussed with the developer and we both agree the garage requirements of A-1 apply to both A-1 and A-2. Sam Chavez said overall the density is well below 4 and is very good. The problem with F1 and F2 is accessibility, but that is a platting issue. This is a development plan and we need to address it before it is approved. He said both products are fmc and needed in The Colony. Member Agnew asked if the road (Fl) would have to be a full thoroughfare or just a way for a fire truck to get through. Mr. Chavez said they will be looked at to see what alternatives are available. Mr. Nichols said the 50' turn around serves in other communities and they hoped it would suffice for fire equipment in this plan. Mayor Manning closed the council public hearing. Member Agnew moved to close the P&Z public hearing; Member Baker seconded and all members voted Aye. The Planning and Zoning Commission will put an item on their November 26, 1996 agenda to make a recommendation regarding this zoning request. 9. CONSIDERATION OF APPOINTING CITY ATTORNEY This item is being requested by Councilman Kovatch. Motion to postpone until there is a full council - Dillard; second - Stanwick, carried with all members voting Aye. 10. CONSIDERATION OF A RESOLUTION APPOINTING FISHER & NEWSOM AS BOND COUNSEL FOR THE CITY OF THE COLONY Currently, the city has an agreement with Vinson & Elkins to serve as bond counsel. Mr. Leroy Grawunder has been the attorney with Vinson & Elkins handling our last several bond issues. Mr. Grawunder has moved to the finn of Fisher & Newsom. Our Financial Advisor and our Finance Director recommend that we continue with Mr. Grawunder because of his experience with the City. In order to do this, the council needs to approve this resolution. Motion to approve - Stanwick; second - Dillard, carried with all members voting Aye. 11. FIRST READING OF AN ORDINANCE OF THE CITY OF THE COLONY AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6, ARTICLE II RELATING TO SIGNS 11 The Planning and Zoning Commission has been reviewing the proposed changes to the sign ordinance and the draft was given to the council on October 28, 1996 for their review. The ordinance is on the agenda for first reading and will be placed on the December 2, 1996 agenda, with the council's approval, for final action. Councilman Avey asked for a work session. Mayor Manning suggested that council try to get their concerns clarified before the December 2, 1996 meeting. Then, if necessary, a work session will be scheduled. Sam Chavez highlighted areas in the ordinance, stating this review had been in the Planning and Zoning Commission 1996 Goals and Objectives. New sections have been added to address needs along S.H. 121. Electronic and change panel signs are addressed, off-premise signs are provided in certain instances. The Planning and Zoning Commission recommends approval of the amendment when it is brought to council for formal action. Roy Winegar, 5500 Slay, had several suggestions for change to the ordinance. Mayor Manning asked that he get those to staff in writing so they can be addressed. 12. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY BY ADDING ARTICLE VI, AUTHORIZING THE COMMUNITY SERVICES OFFICERS IN THE POLICE DEPARTMENT ENFORCEMENT POWERS TO ENFORCE THE COLONY CODE OF ORDINANCES The Police Department has implemented the Community Services Program. In order for those officers to have the authority to enforce city ordinances, it is necessary to amend our Code. -- This ordinance has been prepared by the city attorney and is recommended for approval on first reading. Chief Clark advised the first CSO is already working, but has no enforcement authority. Councilman Avey asked what ordinances would be enforced and Chief Clark advised there are several chapters; amusements, health, parks, streets, etc. Chief Clark estimated 20% of time would be spent enforcing ordinances, but that is hard to say because it is just part of the job. Councilman Avey asked if Inspections would train the officers and Chief Clark stated they would not, that the Police Department has already trained this officer. He said this will increase the police presence on the streets. They will do in-house reports, jail duties, assist officers when needed, etc. Motion to approve the ordinance on lb'st reading as recommended - Stanwick; second - Dillard, carried with the following vote: Aye - Stanwick, Dillard, Manning No - Avey 13. CONSIDERATION OF AUTHORIZING AN AGREEMENT WITH DR. PAUL GEISEL TO PROVIDE SERVICES IN RECRUITING A NEW CITY MANAGER Dr. Paul Geisel met with the City Council in a work session on November 7, 1996 and has presented a proposal to assist in the search for a new city manager. The estimated cost is $8100.00. 12 Motion to approve - Stanwick; second - Dillard, carried with all members voting Aye. 15. CITY MANAGER AND STAFF REPORTS Reminder of Special Session November 25, 1996 at 7:00 p.m. to interview for Boards and Work Session on November 26, 1996 to discuss alcohol sales along S.H. 121. Time is set for 6:00 p.m. 9:34 p.m. 16. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 OF THE LOCAL GOVERNMENT CODE RELATING TO LITIGATION, T0-WIT: A. RICHARD KAMEN, et al, v. CITY OF THE COLONY, TEXAS, Case No. 4:96CV335 9:55 p.m. Reconvene With no business to address, Mayor Manning adjourn the meeting at 9:56 p.m. APPROVED: William W. Maiming, ATTEST: Patti A. Hicks, TRMC, City Secretary 13