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HomeMy WebLinkAbout05/05/1997 City Council 00653,.I MINUTES OF THE CITY COUNCIL MEETING HELD ON MAY 5, 1997 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 5th day of May, 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 six present, a quorum was established and the following items were addressed: INVOCATION - Brace Scofield, First Baptist Church PLEDGE OF ALLEGIANCE 2. CONSIDERATION OF AN ORDINANCE CANVASSING THE ELECTION HELD ON MAY 3, 1997 IN THE CITY OF THE COLONY, TEXAS AND DECLARING THE RESULTS; CALLING A RUN-OFF ELECTION FOR MAY 17, 1997 IF NECESSARY Mayor Manning read portions of the ordinance and Ms. Hicks announced dates and times for early voting for the run-off election. Motion to approve - Dillard; second - Kovatch, carried with all members voting Aye. Mayor Manning congratulated Ms. Watts on her victory. He further stated that it had been a privilege and honor to serve The Colony for the past seven years. He wished Ms. Watts and the Council well and stated the staff is professional and knowledgeable in their fields and asked Council to allow them (staff) to do their jobs which will make the Council's job much easier. He closed by saying he would remain involved. 3. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS Patti Hicks, Interim City Manager, administered the Oath of Office to Mary Blair Watts. Ms. Watts took her seat at the dais. Ms. Hicks then administered the Oath of Office to Councilman Bill Longo who then returned to his seat. Mayor Watts spoke regarding her plans for the future and thanked the citizens for the honor given her. Councilman Longo commented that he looks forward to working with this Council and mayor and that coatrary to rumor, there is no "hit list." He also added that if employees cannot trust their elected officials, they should look elsewhere. 3 4. CITIZEN INPUT Rich Lewis, 5013 Ashlock Dr., thanked Bill Manning for seven years of service and everyone who supported him (Lewis). He also stated he planned to stay involved. Councilman Longo commended Mr. Lewis for his efforts. David Heiman, 5949 Fox Dr., congratulated the newly elected officers and asked that everyone come together and work in harmony. John Dillard~ 4916 Crawford, also congratulated the newly elected officers and former Mayor Manning for his years of service. He stated he was concerned about pending lawsuits and urged Council to work toward settling these issues soon. Regarding undeveloped land he read from the Dallas Morning News regarding land acquisitions in the Westlake situation. He also commented to the staff that it should be "business as usual" and he would hate to lose anyone. He stressed his desire for unity on the Council. Jimmie McCormi.ck~ representing the Chamber of Commerce, congratulated newly elected officers and Mayor Manning. He announced Chamber Week and gave a brief overview of Chamber activities and plans. He announced that with the h~lp of the Digital Magic Factory, Mike Catt, a web page (thecolonytx.org) has been established today on the internet. This page will be used strictly by the Chamber for economic development purposes. It will be updated only by the Chamber and only information approved by the City Manager and President of the Chamber of Commerce will be considered. Mr. McCormick also presented the new 1997 Business Referral Guide. 5. MAYORAL PROCLAMATIONS MUNICIPAL CLERK'S WEEK - MAY 4 - 10, 1997 Mayor Watts read the proclamation in its entirety and presented the proclamation to Patti Hicks. PUBLIC SERVICE RECOGNITION WEEK - MAY 5 - 1 l, 1997 Mayor Watts read the proclamation in its entirety m~d presented the proclamation to Margaret Burkett, Personnel Director. Ms. Burkett accepted the proclamation on behalf of all the employees of the City. 6. PUBLIC HEARING OF THE CITY COUNCIL ON APPLICATION OF STEPHEN WILLIAMSON, MOCKINGBIRD DEVELOPMENT, SEEKING TO CHANGE ZONING ON THE BELOW DESCRIBED PROPERTY FROM PLANNED DEVELOPMENT (PD) 7 FOR THE (SF) SINGLE FAMILY DISTRICT TO PLANNED DEVELOPMENT FOR THE (GR) GENERAL RETAIL DISTRICT; AND APPROVAL OF AN ORDINANCE GRANTING THE ABOVE NAMED ZONING CHANGE GENERALLY LOCATED SOUTH OF RIDGEPOINTE DRIVE, ON THE WEST SIDE OF F.M. 423 (MAIN STREET) 006 36 Motion to open public hearing - Longo; second - Kovatch, carried will all members voting Aye Sam Chavez, City Planner, gave an overview of the applicant's request. Councilman Dillard stated he had received a telephone call from a concerned citizen regarding the proximity of the car wash to a residential area relating to traffic and noise. Rick Horn, Carter & Burgess, introduced himself and asked the Council for questions. Councilman Kovatch asked Sam Chavez if by approving this request, would he be locking himself into approving anything relating to the car wash. Sam Chavez responded that by approving this zoning change, Council will only allow those uses listed in the packet for this property. Motion to close public hearing - Kovatch; second - Longo, carried with ali members voting Aye Motion to approve ordinance - Kovatch, second - Stanwick, carried with aH members voting Aye except Councilman Dillard who voted No. 7. PUBLIC HEARING OF THE CITY COUNCIL ON APPLICATION OF STEPHEN WILLIAMSON, MOCKINGBIRD DEVELOPMENT, SEEKING APPROVAL OF A SPECIFIC USE PERMIT FOR A FULL SERVICE CAR WASH AND AUTO LUBE CENTER ON THE BELOW DESCRIBED PROPERTY LOCATED IN A PLANNED DEVELOPMENT DISTRICT; AND APPROVAL OF AN ORDINANCE GRANTING THE ABOVE NAMED SPECIFIC USE PERMIT GENERALLY LOCATED SOUTH OF RIDGEPOINTE DRIVE, ON THE WEST SIDE OF F.M. 423 (MAIN STREET) Motion to open public hearing - Stauwick; second - Kovatch, carried with all members voting Aye Sam Chavez gave an overview of the applicant's request for a Special Use Permit. Rick Horn, Carter & Burgess, offered comments regarding the request. Councilman Kovatch asked the approximate distance from the rear hedgerow to the residences. Mr. Horn responded about 250' all of which is in the flood plain. Councilman Kovatch then asked if the applicant would be responsible for maintaining toe flood plain. Mr. Horn responded yes per City ordinances. Councilman Stanwick asked th~ proposed hours of operation. David Becherer, applicant, responded the hours would be from 8:00 a.m. to 7:00 p.m. daily and Sunday from 9:00 a.m. to 6:00 p.m. Councilman Stanwick asked how the lighting is handled. Mr. Becherer stated the lighting is downward and there will be no parking lot lights on the perimeter. Councilman Stanwick also asked about drainage blocks and how they propose to prevent run-off into the creek. Mr. Becherer said about 80% of the water used is reclaimed and they have never had a blockage problem. Councilman Stanwick asked Sam Chavez if the S.U.P. is based on approval of zoning or approval of final plat. Sam Chavez responded it would be based on approval of zoning. 5 Joyce Fulco, 4712 Clover Valley, asked if the car wash would be full service. Mr. Becherer responded it would be full service with 3040 employees hired initially. Daniel Martin, 4824 Wagner, asked if a culvert was planned. Rick Horn responded no culvert was planned. Mr. Martin then asked if there were plans for Lot 1. Mr. Steve Mundt, applicant, responded that there are no plans now but maybe aa office later. Eric Logan, 7213 Ragan Pl., asked about the noise and site abatement foliage. He wanted to know who would provide maintenance. Mr. Becherer responded that the applicants would maintain the area. Rich Lewis, 5013 Ashlock Dr., asked if there were dedicating right-of-way for FM 423 widening. Mr. Becherer responded yes. David Heiman, 5949 Fox Dr. asked if a traffic study had been completed and also if impact fees for wastewater utilization would apply. Sam Chavez responded that a traffic analysis has not been conducted. A signal light will be erected at some time in the future. Impact fees will be based on non-residential land use. Councilman Kovatch asked if they will become utility customers and will be charged by consumption. Sam Chavez responded that was correct. Motion to close public hearing - Kovatch; second - Avey, carried will all members voting Aye. Motion to approve ordinance - Longo; second - Kovatch Councilman Stanwick asked how close does the site conform to the 121 corridor guidelines regarding materials, landscaping, signage, etc. Sam Chavez responded they do exceed the 121 guidelines. Motion carried with all Councihnembers voting Aye except Councilmember Avey and Dillard who voted No. 8. CONSENT AGENDA Mayor Watts asked if anyone wanted to pull any items from the consent agenda. Councilman Avey requested Item A be pulled. A. CONSIDERATION OF APPROVAL OF TItE MINUTES OF THE COUNCIL MEETINGS HELD APRIL 7 AND 19, 1997 Councilman Avey stated that three Councilmembers were absent from the April 19 meeting and she would like the reasons added to the minutes. Motion to approve with amendments - Avey; second - Kovatch, carried with all members voting Aye. 6 B. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS FOR THE PURCHASE OF CHEMICALS FOR THE WATER PRODUCTION AND WASTEWATER TREATMENT DEPARTMENTS; AND APPROVAL OF AN ORDINANCE AUTHORIZING APPROVAL OF A CONTRACT FOR SAME Motion to approve - Dillard; second - Kovatch, carried with all members voting Aye. C. CONSIDERATION OF AUTHORIZING THE FINANCE DIRECTOR TO PURSUE A FINANCING CONTRACT FOR THE PURCHASE OF EQUIPMENT FOR THE FIRE DEPARTMENT Motion to approve - Dillard; second - Kovatch, carried with all members voting Aye. 9. CITY MANAGER AND STAFF REPORTS Patti Hicks commented that it has become very difficult to schedule representatives from the various churches to attend regular sessions for the purpose of giving the invocation. She asked for Council direction. Ma)or Watts stated she had a meeting scheduled with most of the church leaders and this situation will be discussed. Mayor Watts continued by saying that when agendas are posted, she would like to see the name of the individual scheduled to give the invocation listed. Councilman Dillard suggested that staff members or even councilmembers be considered. Patti Hicks asked Councilmembers to return the city manager resumes as quickly as possible. Dr. Geisel has requested to meet with the Council next week to reach a list of top ten favorites. Pete Eckert, City Attorney, has also requested to meet with the Council next week regarding pending litigation. Tony Johnston, Finance Director, stated that during the last budget process, Utility Fund departments were allowed to purchase additional computer equipment while General Fund departments were restricted from additional purchases. Mr. Johnston reported to the Council that unbudgeted revenue from an insurance premium refund makes it possible to purchase some additional equipment. In addition there are some escrowed funds that could also be used with approval from the city attorney. Mr. Johnston would like to purchase new computers for employees with the greatest need and move older computers to areas with less computer use. There is also a need for modems to use with linking to the Intemet and a UPS (uninterruptable power source) is necessary for file server backup. He also stressed the city has a great need for communications software to link remote offices to City Hall. Councilman Avey asked who Mr. Johnston intended to give Internet capability. Mr. Johnston responded he intended to add Parks & Recreation, Fire and Council. Ms. Avey asked Mr. Johnston to submit justification and usage expected. Mr. Johnston responded he would provide that information. He continued stating that he would be preparing a Request for Proposal. Mayor Watts asked Councilman Avey if she had misgivings about the purchase of computer hardware. Ms. Avey responded she did not. Councilman Longo commented that some service providers provide EMail service only. Mr. Johnston responded that all these options were being researched. Sam Chavez, City Planner, updated the Council on the status of the Comprehensive Plan. 7 0 0 6 b'3 9 The plan is being brought before the Council at the ]une 2 meeting. Mr. Chavez commented that Council had received a preliminary plan and would be provided with updates at that meeting. Pat Dunlap, Public Services Director, reported on water damage from roof leakage. He stated that a roof'mg contractor has looked over the damage which might exceed $15,000. Mr. Dunlap will be preparing bids soon for all city facility roofs which could total between $40,000 and $50,000. Councilman Longo asked if insurance reimbursement would be forthcoming. Mr. Dunlap stated that the damage was not enough to exceed deductibles. Councilman Dillard asked if roofs would be replaced or repaired. Mr. Dunlap said that right now only repairs would be made with the exception of the Utility Building. Councilman Longo asked about the possibility of excessive mold in the building and asked that contractors be aware of these concerns. Patti Hicks added that possibly funds could be budgeted next year for duct cleaning. Mayor Watts stated that she formerly had requested design of the intersection improvements of F.M. 423 and North Colony Blvd. She said that information was available if any citizens wished to review it after the meeting. The State will be proceeding and a contract let in August, 1997, to begin improvements. With no further business to address, the meeting was adjourned at 9:06 p.m. APPROVED: ~VIary Blair '~vCatts~ M~or ATTEST: Pi~u"ih~',-I~-ek4t,~, Depu-ty ~i~y Sec-retary 8