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HomeMy WebLinkAbout04/07/1997 City Council (306 04 MINUTES OF THE CITY COUNCIL MEETING HELD ON APRIL 7, 1997 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:37 p.m. on the 7th day of April, 1997, at City Hall with the following Council roll call: William W. Manning, Mayor Arrived at 8:45 p.m. Bill Longo, Councilmember Present Mary Watts, Councilmember Present David Stanwick, Councilmember Present Wilma Avey, Councilmember Present John Dillard, Councilmember Present David Kovatch, Councilmember Present and with six present, a quorum was established and the following items were addressed: INVOCATION PLEDGE OF ALLEGIANCE For clarification, Mayor Pro-Tem Dillard explained that each of the terms on Council currently expiring were at-large positions and if citizens were registered to vote, they could vote for all three positions. 2. CITIZEN INPUT David A. Williams, 5637 Tumer St., is concerned with traffic speeding on Turner St. and the safety of children. He requests the Council to analyze the problem and make some recommendations i.e. speed bumps or similar traffic device. He stated this street is the primary access for several homes in the area. Mayor Pro-Tern Dillard responded that the matter would be referred to the Police Department. Bob Stone, 4573 North Shore, spoke regarding the Wal-Mart situation. He read a letter written to Mr. Tom Coughlin, Wal-Mart, urging the construction of a Superstore and presented the City Secretary with 76 signed copies. 3. MAYORAL PROCLAMATIONS DECLARING APRIL AS SEXUAL ASSAULT AWARENESS MONTH Mayor Pro-Tem Dillard read the proclamation which will be mailed to Denton County Friends of the Family. 006 05 DECLARING APRIL 13 - 19, 1997 AS NATIONAL LIBRARY WEEK Mayor Pro-Tern Dillard read the proclamation and presented it to Jayme Skelton, Chairman of the Library Board. Ms. Skelton invited the public to come to the Library and utilize the new Intemet service. Mayor Pro-Tem Dillard then read another proclamation which was not listed on the agenda declaring April 19 as Earth Day Celebration. The proclamation was read and presented to Janice Brady, Recycling Coordinator, and Carolyn Rapisarda, representative of the Recycling Committee. Janice Brady then invited the public to the Earth Day Celebration which will be held in the open field next to Wal-Mart. 4. RECEIVE PRESENTATION FROM A REPRESENTATIVE OF THE BOYS AND GIRLS CLUB OF AMERICA REGARDING A FACILITY IN THE COLONY AND CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE PRESENTATION A lengthy presentation followed with Rev. Mae Jean Zelle, Good Shepherd Lutheran, speaking of the need for the Boys & Girls Club; Mark Betmke, representing the Boys & Girls Club, who introduced several members of the Denton Boys & Girls club explained club activities; and Jack Ablon, business and civic leader from Lewisville and spokesman for the club, explained the possible funding of the club. Councilman Stanwick commended the presenters. Motion to sign letter of agreement and allow Boys & Girls Club to proceed with grant application - Stanwick; second - Kovatch Councilman Avey asked if staff had any recommendations for land available for this purpose. Rev. Zelle answered saying, after conversation with the Parks & Recreation Department, a couple of different sites had been mentioned. William Smith, 5504 Slay Dr., addressing the presenters, stated the Boys & Girls Club is an excellent organization, however, he heard that Henry Billingsley, who has been convicted of a felony, is being considered for a position on the Board. Mr. Ablon responded that it had been suggested that the public service time that Mr. Billingsley is to serve could best be spent helping the Boys & Girls Club with fundraising efforts, if allowed by the Courts. There is no intention of his serving on the Board. Mr. Smith did not feel he should be working with the children's efforts as a role model. Mr. Ablon responded that the Courts have not ruled. David Heiman, 5949 Fox Dr., stated the Boys & Girls Club is a great organization and feels that if Mr. Billingsley can be of help in establishing this organization in The Colony, then his help should be accepted. Councilman Avey voiced concern that the City has very little land available for development and would rather not commit before a site is selected. Ms. Hicks explained that the letter is merely to express intent so the club can proceed with the grant process and give the staff an opportunity to identify the required two acres, if possible. Councilman Watts suggested, if an attorney has not already reviewed the document, the 6 , ,0 0 6 $ 0 6 previous motion be withdrawn and this item be tabled until the City attorney has that opportunity. Mayor Pro-Tern Dillard asked if Councilman Stanwick wished to withdraw his motion. Councilman Stanwiek said no. Motion carried with all members voting Aye. 5. CONSIDERATION OF PRELIMINARY PLAT AS PRESENTED BY CENTEX DEVELOPMENT COMPANY, L.P. FOR THE PAIGE/121 ADDITION LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF PAIGE ROAD AND STATE HIGHWAY 121 Councilman Longo expre.,sed his concern with taking action unless the attorney present says the Council can proceed in light of new information received regarding current litigation. Ms. Hicks introduced Melissa Pegram, attorney for Cowles and Thompson, and explained that the information was received from John Hill, Cowles and Thompson, late in the day and Ms. Pegram was not informed. Mr. Hill said the information received should have no bearing since each S.U.P. is taken on its own merit. Sam Chavez, City Planner, briefly explained the request of the applicant. The applicant is requesting an additional 16 feel of right-of-way dedication along Paige Road and the Planning and Zoning Commission would recommend 20 feet of right-of-way. The plat also indicates a mutual access easement at the northeast comer of Lot 1 which aligns with a proposed median opening on Paige Road. As proposed, the median opening would be located approximately 420 feet from the existing median nose at S.H. 121, however, in the future when the median nose is reconstructed for highway improvements the median opening will not conform with our current engineering design standards. Mr. Chavez continued by saying if approved as proposed, the new median opening would be located near the deceleration lanes for the future dual left-hand turn lanes on Paige. Staff would prefer that the median opening occur north of the Office Creek drainage structure. On March 11 the Planning and Zoning Commission did recommend approval of the applicant's proposed preliminary plat subject to all staff stipulations as amended. An additional stipulation is that the proposed median opening be located north of the Office Creek drainage structure. Art Clayton, representing Allegheny Land Company, stated that he had discussed with staff a compromise for the median opening moving it approximately 70 feet north of the property line. He said that they had requested that they not be required to make the additional dedication along Paige Rd. since there has already been a plat on Paige that's been approved by this body giving more dedication than is necessary. Councilman Watts asked for clarification from Sam Chavez whether he is or is not supportive of the median opening as requested by the applicant located 70 feet north of the property line. After brief discussion Mr. Chavez responded that staff would prefer that the median opening occur north of the Office Creek drainage structure since Paige Rd. is a major artery. Based on the amount of traffic, the proposal would not be an acceptable compromise. Motion to postpone approval of preliminary plat until 4/21 - Avey. 7 006 07 Mayor Pro-Tem Dillard asked the applicant how postponing this item would impact the financing. Mr. Clayton responded that the opportunities for funding are limited. He further explained that the proposed median opening would be safer based on future design standards. Mr. Chavez added that, based on the proposal, the median opening is 20 feet above the current design standards. Second - Watts Discussion followed regarding driveway permits and it was decided those issues would be discussed during the site plan approval. Councilman Stanwick asked if the median was moved 70 feet north if traffic travelling north on Paige would have to make a U-turn to go south and enter the development. Mr. Chavez explained that a service ~oad would enter the development by an adjacent lot if the median is moved further north. Further discussion followed regarding future access. Councilman Stanwick then asked what was the applicant's objection. Mr. Clayton answered that he and Centex had not yet reached a decision on where the drainage would be and additional linear footage would require additional paving making it a financial consideration. Councilman Watts commented that the Planner has objections and that the applicant and Centex had not reached a decision, therefore, she would like to work from an accurate document so everyone would have a clear understanding of the parameters and suggested the vote be taken to bring the item back on 4/21. William Smith, 5504 Slay Dr., expressed his concerns based on Mr. Chavez's objections to the applicant's proposal. Vote taken ended with the following tie vote: Ayes - Longo, Watts, Avey Nos - Stanwick, Dillard, Kovatch Mayor Manning arrived and a recess was called at 8:50 p.m. Meeting reconvened at 8:56 p.m. Mayor Manning commented actions could not be taken on items 6 and 7 for this evening. Mr. Chavez confirmed that to be so. Motion to accept preliminary plat waiving 4 foot fight-of-way stipulation but retaining the additional stipulation that the median opening he located north of Office Creek drainage structure - Kovatch; second - Dillard Councilman Stanwick clarified that the 4 foot right-of-way stipulation was the difference between the 16 foot and 20 foot stipulation. Councilman Watts asked the developer if this is agreeable before action is taken. Mr. Clayton responded that he would like to keep this project moving forward and suggested that the motion might include straddling the easement as an alternative. Sam Chavez commented that straddling the drainage structure would be a good compromise, however, it would be preferred north of that point. The median opening would be an additional 70 feet north and would be acceptable. 8 Mayor Manning mentioned the motion would need to be amended to include the stacking provision from 100 feet to 125 feet. Councilman Kovatch clarified it would be approximately 520 feet north of the existing intersection. Councilman Watts asked Mr. Chavez to once again address the concerns that Planning and Zoning had in reference to this issue. Mr. Chavez repeated that 1) the location of the proposed median would be too close to the intersection of SH 121 and Paige Rd., 2) safety issue is that traffic would back up on Paige Rd, and 3) ample storage for stacking. Councilman Watts asked if westbound traffic on SH 121 would have access to the development from SH 121 and Mr. Chavez answered that was correct. Ms. Watts repeated she had concerns approving the plat in drawings that are not representative of what will actually take place on an intersection as highly travelled as SH 121, however, she is in favor of the development. Councilman Dillard called the question; second - Stanwick, failed with members opposing. Councilman Avey questioned whether this item could be readdressed after the tie vote was taken to postpone the item based on Robert's Rules of Order. Mayor Manning informed Ms. Avey that he would be abstaining on any vote taken. Councilman Dillard noted that a motion was on the floor. Councilman Avey again asked where it states in Robert's Rules of Order this can be readdressed. Mayor Maturing responded he could not. Motion restated with amendment to include 125 foot stacking provision - Kovatch; amended motion seconded - Dillard Councilman Watts added that according to City Charter, in case of a tie vote, an issue will be brought back before Council at the next regularly scheduled meeting. Mayor Manning stated the City Charter does not address it but that Council roles would take precedent. Councilman Watts repeated that it was not Robert's Rules but some City document that it should come back at the next regular session. Mayor Manning said it appeared that there was a compromise between the developer and staff and did not the understand the procedural objection and called for a vote. Councilman Avey called a point of order. Ms. Avey stated she did not feel it was a procedural question but wanted proper documentation and adequate time to review it before voting. Again Mayor Manning called for a vote. Vote taken ended with tie vote: Ayes- Stanwick, Dillard, Kovatch Nos - Longo, Watts, Avey Abstain - Manning 6. CONSIDERATION OF FINAL PLAT AS PRESENTED BY CENTEX DEVELOPMENT COMPANY, L.P. FOR THE PAIGE/121 ADDITION LOCATED AT THE NORTHWEST CORNER INTERSECTION OF PAIGE ROAD AND STATE HIGHWAY 121 9 006509 This item cannot be addressed with postponement of item 5. 7. PUBLIC HEARING OF THE CITY COUNCIL ON APPLICATION. OF. CHRISTOPHER SALAS, DANNY J. TOSH, ARCHITECT SEEKING APPROVAL OF A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF- PREMISE CONSUMPTION ON THE BELOW DESCRIBED PROPERTY; AND CONSIDERATION OF AN ORDINANCE AUTHORIZING SAME NORTHWEST CORNER OF THE INTERSECTION OF PAIGE ROAD AND STATE HIGHWAY 121 Mayor Manning opened the public hearing and asked for a motion to continue. Motion to continue - Stanwick; second - Kovatch; carried with aH members voting Aye. 8. PUBLIC HEARING OF THE CITY COUNCIL ON APPLICATION OF MOSTAFA SETAYESH, SEEKING APPROVAL OF A SPECIFIC USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION ON THE BELOW DESCRIBED PROPERTY; AND CONSIDERATION OF AN ORDINANCE AUTHORIZING SAME NORTHWEST CORNER OF THE INTERSECTION OF F.M. 423 (MAIN STREET) AND STATE HIGHWAY 121 -- Mayor Manning opened the public hearing. Jeff Stone, developer, stated he was denied a S.U.P. previously because of the package store issue. This request is for a specific use permit to sell beer and wine only. With no further comments from the public, Mayor Manning closed the public hearing. Motion to approve ordinance authorizing a specific use permit - Kovatch; second - Dillard Councilman Watts clarified that the applicant's projected gross revenue from the sale of beer and wine is approximately 6%. Mr. Stone commented it would be higher than 6% maybe closer to 20%. Motion carried with all members voting Aye. 9. CONSENT AGENDA Councilman Avey pulled items A and C. B. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE AGREEMENT WITH LEWISVILLE INDEPENDENT SCHOOL DISTRICT FOR A JOINT ELECTION -- 10 · 0'065 i 0 Motion to approve - Dillard; second - Stanwick, carried with all members voting Aye. D. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE FOLLOWING MOWING CONTRACTS: 1. INSPECTIONS DEPARTMENT - RESIDENTIAL YARDS SUNBELT LANDSCAPE PUBLIC WORKS DEPARTMENT: 2. MEDIANS & PARKWAYS - ELLIS LAWNCARE 3. ROUGH CUT MOWING - LONE STAR MOWING 4. WATER WELL & ELEVATED STORAGE SITES RBI MAINTENANCE 5. WASTEWATER TREATMENT PLANT/REMOTE SEWAGE LIFF STATION SITES - STEVE L. MILLER 6. UTILITY ADMINISTRATION - UTILITY BUILDING SITE STEVE L. MILLER AND CONSIDERATION OF APPROVAL OF AN ORDINANCE AUTHORIZING CONTRACTS FOR SAME Motion to approve - Dillard; second - Stanwick, carried with all members voting Aye. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD MARCH 3 AND 17, 1997 Councilman Avey stated that during the March 17 meeting, she made a motion regarding the Stewart Peninsula Traffic Study to hold a Work Session and that she did not amend her motion to state a Special Session. Motion to approve minutes with amendments - Avey Councilman Kovatch asked that an abstention be noted since he was not in attendance. Second - Longo Councilman Watts pointed out that also on page 13 in reference to the brief presentation she made with the aerial maps, her comments for the purpose of making the presentation were omitted. She wanted to point out the fact that she felt focus had been on individual areas and not looking at the "big picture". She asked that these comments be reviewed and minutes amended. Motion to approve minutes with amendments for Avey and Watts - Avey; seconded with amendments - Longo; carried with all members voting Aye. 11 006511 C. CONSIDERATION OF AUTHORIZING REALLOCATION OF BOND FUNDS AS RECOMMENDED BY THE PARKS AND RECREATION BOARD Councilman Avey asked for what the bond funds can be used. Para Nelson, Parks and Recreation Director, responded that the funds could be used for park development. Ms. Hicks explained that these were 1985 bonds to be used for park improvements. Tony Johnston, Finance Director, commented that these funds needed to be expended since the bond issue was so old. Councilman Avey noted that during the last budget process it was discussed that electricity needed to be mn to Bill Allen Memorial Park and thought these funds might be used for that purpose. Councilman Watts stated she wanted to be certain that the funds can be spent in this way and asked if anyone had reviewed the bond papers. If this has not been researched, Ms. Watts recommended tabling this item until such time as bond papers are reviewed. Ms. Hicks commented that the bond issue was over 12 years ago and that the Parks and Recreation Board made this recommendation as they have in the past for other projects. She further explained that this issue would not have been brought before Council if it were not legal or appropriate. Rich Lewis, 5013 Ashlock, Chairman of Parks and Recreation Board, explained that originally the Board was looking at an aerator for the B.B. Owens pond but now feel the gym divider is a very important issue and supersedes the other project. Addressing Councilman Avey, Mr. Lewis stated the Board is looking at electricity service to the amphitheater assuring that is a high priority. Councilman Watts asked if the attorney was comfortable with the way the funds are going to be spent. Ms. Hicks again stated that she felt the Council would assume this was a legal action or the request would not have been made. Melissa Pegram, Cowles and Thompson, stated she had not reviewed the bond documents but was comfortable with Ms. Hicks representation that she is relatively certain that this is acceptable. Mayor Manning added that the Council needed to decide if the Boards were necessary since Council seems to question their actions. Councilman Longo suggested a vote be taken and allow Ms. Hicks to review the documents prior to expending the funds. Councilman Watts stated that litigation was pending against certain members of the Council and that asking if an action was legal prior to voting was appropriate and necessary. She felt that a delay in order to review the documents would be expected by the citizens. Councilman Kovatch agreed, with Councilman Longo's recommendation and directed Patti Hicks to review the documents in the next couple of days. Motion to approve reallocation as recommended by the Parks and Recreation Board - Kovatch; second - Dillard Councilman Dillard added that this issue has come before the Council in the past and funds have been expended for various park improvements and items for the recreation center. He also directed Ms. Hicks to review the bond documents. Motion carried with the following roll call vote: Ayes - Longo, Stanwick, Avey, Dillard, Kovatch, Manning Nos - Watts 12 10. CONSIDERATION OF AUTHORIZING THE SOLID WASTE COMMITTEE TO EMPLOY THE SERVICES OF HDR CONSULTING ENGINEERS DURING THE NEGOTIATIONS OF THE SOLID WASTE AND RECYCLING CONTRACTS Mayor Manning explained that the contract with HDR, consulting engineer, had terminated during decision of solid waste services and asked that they be retained in order to help with negotiations. Discussion followed regarding the necessity of retaining HDR further. Councilman Avey asked for the Mayor to inform the public as to who is on the Solid Waste Committee. Mayor Manning responded that Councilman Dillard, Councilman Stanwick, and Mayor Manning are on the committee. Ms. Hicks added that Pat Dunlap, Public Services Director, Dennis Watson, Economic Development liaison, Ken Leverich, Public Works Superintendent, and Janice Brady, Recycling Coordinator, have all worked with the committee. Motion to retain HDR Consulting Engineers in an amount not to exceed $1,000 - Kovatch; second - Longo; carried with all members voting Aye. 11. CITY MANAGER AND STAFF REPORTS Ms. Hicks reminded the Council of a Special Session to be held 4/14 to meet with Pete Eckert, City Attorney, regarding the Eastvale litigation and Dr. Geisel regarding the city manager search. She also reminded the Council of the Work Session scheduled for 4/19 at 9:00 a.m. to discuss the Stewart Peninsula Traffic Study and that public input would be allowed. Ms. Hicks announced that Early Voting for the May 3 election begins April 14 at 8:00 a.m. with voting on Saturday, April 26 from 8:00 a.m. to 4:00 p.m. Ms. Hicks mentioned the construction to begin on the reception and court area to start in two weeks. She also informed the Council of the overlay of West Lake Highlands and Elm Street mentioned previously. Ms. Hicks has spoken with Mr. Henderson, attorney in litigation, and he has advised that this is normal maintenance and should be completed. Pat Dunlap, Public Services Director, stated that Ken Leverich has completed research indicating those streets should be overlaid. There will be approximately an 11/2'' overlay. Mr. Leverich has received quotes from three contractors for the best pricing. The selected contractor has asked the City to purchase the asphalt and have it available for him. The city crews will also perform major repairs to those areas which includes cutting out sections, putting in concrete sections and smoothing out prior to overlay. Estimated cost will be $15,000. Ms. Hicks informed the Council that the City has received an amended permit for the wastewater treatment plant up to 3.39 million gallons per day. She advised that during the meeting, Ms. Pegram, attorney, has reviewed the letter from the Boys & Girls Club and does recommend one minor change to say the entities will cooperate in an effort to identify a particular tract of land. This change will be made prior to signing. 13 Sam Chavez announced that at tomorrow's Planning and Zoning Commission the Comprehensive Plan would be discussed. The Steering Committee' will be making their recommendations. Councilman A vey asked if the Comprehensive Plan will be available for public review. Mr. Chavez said copies would available after April 14. With no further business to address, the meeting was adjourned at 9:45 p.m. APPROVED: William W. Manning, Mayor ATTEST: l~uthann/Dev~in, Deputy City Secretary 14