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HomeMy WebLinkAbout01/13/1997 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JANUARY 13, 1997 The Special Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 13th day of January, 1997, 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: 1. PLEDGE OF ALLEGIANCE 2. PUBLIC HEARING REGARDING THE ANNEXATION OF 75.1288 ACRES OF LAND CONTIGUOUS TO THE COLONY AND MORE PARTICULARLY DESCRIBED BELOW GENERALLY LOCATED IN THE SOUTHEAST PORTION OF THE CITY BOUNDED ON THE EAST BY THE BURLINGTON NORTHERN RAILROAD, THE SOUTH AND WEST BY THE TOWN OF HEBRON, AND THE NORTH BY THE CITY OF THE COLONY The City has been petitioned by Henry Billingsley to annex the above described property. The Town of Hebron is to take action at their first council meeting in January to disannex said property. This is the second of two required public hearings. The annexation ordinance will be addressed at the February 3, 1997 council meeting. Mayor Manning opened the public hearing. Elizabeth Talley, 7510 Lakeland, addressed the council, reading a prepared statement. Ms. Talley stated that she had previously expressed her concern about the city dealing with developer Henry Billingsley. She said her earlier statements expressed her desire for Mr. Billingsley to be branded a traitor to his country and to be put out of business. She said even though we have already annexed a great deal of Billingsley property, she asked the council not to annex this (75 acres). She said, "No more business with a convicted felon, no more playing games, and no more doing things his way". She then commented about a statement by the Mayor in September referring to Mr. Billingsley's conviction, "We all make mistakes, and some are more severe than others". Ms. Talley said what Mr. Billingsley did was pretty severe, stating that he spit in the face of our laws enacted by our government for our protection and the protection of people around the world. She continued, stating that our government had ceased doing business with Libya because of prior terroristic activities it was involved in and the claim was that Mr. Billingsley's intentions were innocent. She stated that his intentions were based on greed. She stated that although our laws and lawmakers are not always perfect, they are all we have and there are ways to fight for what you believe in. Ms. Talley then referenced the campaign/expenditure report for Mayor Manning filed with the city, stating that in 1993, he (Manning) had received a contribution from Don Blackwood. She said she believes that Mr. Blackwood represents the development company that is owned by Henry Billingsley. She asked if that is correct and if Mr. Blackwood currently resides on Mr. Billingsley's property within the city limits of The Colony. She asked the Mayor how he can include himself in any business with Mr. Billingsley, if these statements are true. She said even though the contribution was legal, it seems to be a conflict of interest. She said if Mayor Manning wants to work on any future acquisition of property from Mr. Billingsley, that he (Manning) should resign as Mayor and put in his application for Planning and Zoning Committee so that anymore contributions could not be misconstrued. Joyce Fulco, 4712 Clover Valley, requested that Mr. Billingsley post a performance bond. She said she lives close to the IBM property and nothing has happened there yet. With no further input, Mayor Manning closed the public hearing. 3. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS ADOPTING LAND USE ASSUMPTIONS Mayor Manning announced that the following items will not be addressed tonight. Due to the inclement weather the parties involved were called and told this would not be acted on. Mr. Smith said Dan Sefko told him that if the council would state at the next meeting (January 20, 1997) that they are going to approve the Land Use Assumptions, then Hal Jones, engineer, can move forward on the impact fees. Mr. Smith advised that the Land Use Assumptions had been prepared early in the Comprehensive Plan process so that the city could implement amended impact fees. Mr. Sefko had also advised that because we will miss the deadline for action of January 19, 1997, we will more than likely have to re-advertise and hold another public hearing on the Land Use Assumptions. Councilman Kovatch asked Mr. Smith if the concerns in Councilman Watts memorandum concerning right-of-way for Hwy 121 (which was handed to all council and Mr. Smith at the beginning of the meeting) will be resolved by January 20, 1997. Mr. Smith said he had heard bits of the conversation that took place at the 121 Task Force meeting, and spoke to Dan Sefko about this matter. Mr. Sefko has spoken to Harlan Moore with TxDot and Sam Chavez spoke to Ryder Scott with the County. This will not impact our impact fees because it is State R.O.W. and we don't charge developers for State R.O.W. Mr. Moore said he thought the conversation was regarding the Thoroughfare Plan not the --- Land Use Assumptions. Mr. Sefko is providing Sam with a memo and there will be information from Mr. Scott all of which will be provided to the council when received. Mr. Smith said staff w/Il attempt to have Councilman Watts' request satisfied by the January 20, 1997 meeting. Councilman Avey asked if the Land Use Assumptions and the Thoroughfare Plan will be resolved by January 20, 1977. Mr. Smith advised the Land Use Assumptions will be back on the agenda on the 20th. Councilman Avey asked if the Future Land Use Plan and the Thoroughfare Plan will be resolved by the 20th. Councilman Avey said she understands that by approving the Land Use Assumptions the council is approving the Future Land Use Plan and the Thoroughfare Plan. Mr. Smith said the Thoroughfare Plan will be acted on separately, and the Land Use Assumptions is a first step toward the Future Land Use Plan but it will not be the final plan. It can be changed by the council in the final Comprehensive Plan. Councilman Avey asked if it would be better to change it now, regarding items the council doesn't want, specifically the Entertainment District in Eastvale. Mr. Smith reiterated that to meet the requirement of the impact fees, the council does not have to take any official action on Land Use Assumptions, you just have to give Hal Jones an indication that these are going to be the basic Land Use Assumptions. The Council can modify them anyway they choose. Councilman Avey asked if there is a way to get that District (Entertainment in Eastvale) off there now. Mr. Smith said the Council will have to take that action when they (LUA) come before the council officially. Councilman Avey said she thinks the Future Land Use Plan is also being approved and Mr. Smith said no, it is not. He said we will probably have to advertise and hold another public hearing on the Land Use Assumptions before we can adopt them. Again, Mr. Smith advised that the Land Use Assumptions were brought forward a little out of order than the normal Comprehensive Plan process, because the city needs to implement amended impact fees. When the Land Use Assumptions are approved, the council can take out that district. Councilman Avey asked if it can be taken out now. Mr. Smith said when it (Land Use Assumptions) comes before the council it can be taken out. Councilman Avey asked if we would use the current Thoroughfare Plan and Mr. Smith said yes, Mr. Jones would use the current plan to make his calculations. He advised that P&Z is addressing the Stewart Peninsula Traffic Study at their meeting on January 14, 1997 to see if progress can be made on that issue, but no changes are ready to be acted on for the Thoroughfare Plan at this time. Councilman Avey asked if Monday night (January 20, 1997) during the Land Use Assumptions discussion, would be an appropriate time to take the Eastvale Entertainment District off. Mayor Manning said she can make that recommendation at that time. Councilman Watts said she thought that it was decided in the last work session. She said the entertainment district in its beginning was a good idea, but now with the SOB issue, we all felt uncomfortable with the verbiage "entertainment district". She said she thought that was decided in the work session. Councilman Kovatch said he recalled the discussion but there was no consensus. Mayor Manning agreed with that recollection. Mr. Smith said he is not sure how Mr. Sefko took the remarks but said he will be sure he (Mr. Sefko) understands the concerns about the wording. Councilman Avey said she wants the district removed completely, not just the wording. Mayor Manning announced that the following items will not be addressed tonight. Mr. Smith advised attorneys for both cases will be here on the 20th to meet with the council. He also advised that Mr. Johnston has prepared a memorandum regarding bond issues for the council's information. 4. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 OF THE LOCAL GOVERNMENT CODE RELATING TO LITIGATION, TO-WIT: A. CONDEMNATION PROCEEDINGS FOR ACQUISmON OF RIGHT-OF- WAY FROM THE BURLINGTON NORTHERN RAILROAD B. RICHARD KAMEN, DEBRA AND DANIEL FOESHER et al., PLAINTIFFS, v. CITY OF THE COLONY, TEXAS, DEFENDANTS, CASE NO. 4;96oCV335 5. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION WITH REGARD TO: A. CONDEMNATION PROCEEDINGS FOR ACQUISITION OF RIGHT-OF- WAY FROM THE BURLINGTON NORTHERN RAILROAD B. RICHARD KAMEN, DEBRA AND DANIEL FOESHER et al., PLAINTIFFS, v. CITY OF THE COLONY, TEXAS, DEFENDANTS, CASE NO. 4;96-CV335 With no further business to address, Mayor Manning adjourned the meeting at 7:20 p.m. APPROVED: William W. Manni_ng, Mayor ATTEST: Patti A. Hicks, TRMC City Secretary 6