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HomeMy WebLinkAbout06/02/1997 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON JUNE 2, 1997 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 6:35 p.m. on the 2nd day of June, 1997, at City Hall with the following Council roll call: Mary Blair Watts, Mayor Present Bill Longo, Couneilmember Present Bemetta Henville-Shannon, 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: 6:40 p.m. 1. EXECUTIVE SESSION AS AUTHORIZED BY ARTICLE 552.074 OF THE LOCAL GOVERNMENT CODE RELATING TO LITIGATION, TO WIT: A. JWV VS CITY OF THE COLONY, BILL LONGO, WILMA AVEY AND DAVID KOVATCH B. RICHARD KAMEN ET AL VS CITY OF THE COLONY 8:37 p.m. INVOCATION PLEDGE OF ALLEGIANCE MAYORAL COMMENTS Mayor Watts informed the public that City Manager candidates would be interviewed this week; applications are being accepted for the Cable Programming and Beautification Committee; Summer reading program in beginning at the Library; possible purchase of fire equipment is on the agenda for tonight. OLD BUSINESS Mayor Watts gave a progress report of items appearing on the list of Old Business included the Council's packet. 4 00687- . 2. CITIYll~.N INPUT Bob Mitchell, 5064 Ashloek Dr., invited the Council and public to attend the Lion's Club Annual Chili Cook-Off next Saturday. He briefly explained the charitable efforts of the Lion's Club. He requested that the Council make this an annual event. Dan Byme, 5201 Gibson Dr., read a "list of demands" which stated that he has no children so refund the s~hool taxes he has paid; he's never had a break-in or fire so refund that portion of his taxes also; he doesn't drive on several streets targeted for repairs and would like a refund for that purpos~ as well; wants his share of the money used to power lights on the bas~ball fields. He doesn't understand the need for providing water to Austin Ranch sin~ there are no houses there. "Eastvale" no longer exists. It's an area of The Colony that ne~s attention. He said it wasn't smart to hold up growth for the entire city to meet the needs of a few. Bill Manning, 2 James Cr. read from a TML handbook explaining a mayor/council and council/manager form of government. He said the mayor should have no day-to-day administrative involvement and should be in City Hall only rarely. He pointed out the new map track system installed in the Council Chambers. He stated there was no money in the budget for that purpose, however, the mayor authorized the purchase anyway which violated City Charter. Liz Ripperger, :5909 Stewart Blvd., spoke regarding the day care ordinanc~ and asked what Council's direction was on this issue. Mayor Watts explained it would be on the next agenda to take action or drop the issue. John McDermott, 5412 Baker Dr., is concerned about garbage pick-up in the front of houses. He stated that not all homeowners will remove the totes from the front after pick-up and will give a poor appearance. Lorraine Thompson, 4225 Iola, asked if IESI told the City there would be front pick-up. She also dislikes the idea of citizens putting brash to be picked up and having it sit there for a month. Jo Ann Ross, 5128 Baker Dr., doesn't understand why the City agreed to front pick-up. She said we have alleys and should use them. She also asked if anything could be done with the number of cars parked on the streets and she doesn't understand why high weeds are sometime allowed. Naomi Lynch, 4921, Roberts Dr., stated that thc citizens prefer bags rather than bins for r~y¢ling pick-up. Interim City Manager Patti Hicks addressed the citizens and asked that the new company be given a chance and that adjustments may have to be made in the future. NEW BUSINESS 3. PUBLIC HEARING AS REQUESTED BY JOE MAULDIN, GRACE COMMUNITY CHAPEL, FOR A REPLAT OF PROPERTY PRF_~ENTLY ZONED AS PLANNED DEVELOPMENT 2 FOR THE (SF) SINGLE FAMILY RESIDENTIAL DISTRICT, SEEKING A REPLAT OF LOTS 3, 4 AND 6, BLOCK 6 OF THE GARZA LITTLE ELM LAKES ESTATES ADDITION INTO A SINGLI~ LOT, I.,OCATED WEST OF FM 423, ON THE NORTH SIDE OF WEST LAKE HIGHLANDS DRIVE 5 006572 Mayor Watts opened the public hearing. Sam Chavez, City Planner, gave an overview of the request and Planning and Zoning action taken. Mayor Watts closed the public hearing. 4. CONSIDERATION OF APPROVAL OF A REPLAT AS REQUESTED BY JOE MAULDIN, GRACE COMMUNITY CHAPEL, FOR A REPLAT OF PROPERTY PRESENTLY ZONED AS PLANNED DEVELOPMENT 2 FOR THE (SF) SINGLE FAMILY RESIDENTIAL DISTRICT, SEEKING A REPLAT OF LOTS 3, 4 AND 6, BLOCK 6 OF THE GARZA LITTLE ELM LAKES ESTATES ADDmON INTO A SINGLE LOT, LOCATED WEST OF FM 423, ON THE NORTH SIDE OF WEST LAKE HIGHLANDS DRIVE Motion to approve combining lots 3, 4, and 5 in Block 6 - Kovatch; second - Stanwick, carried with all members voting Aye. 5. PUBLIC HEARING ON APPLICATION OF JOE MAULDIN, GRACE COMMUNITY CHAPEL, FOR A CHANGE OF ZONING ON PROPERTY PRESENTLY ZONED AS PLANNED DEVELOPMENT 2 FOR THE (SF) SINGLE FAMILY RESIDENTIAL DISTRICT, SEEKING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR A CHURCH AND RELATED SITE PLAN Mayor Watts opened the Public Hearing. Sam Chavez again gave an overview of the request and Planning and Zoning action taken. Councilman Stanwick asked distance from lot line to lot line. Mr. Chavez responded it was 10tY. Mayor Watts closed the public hearing. 7. PUBLIC HEARING ON APPLICATION OF THE CITY OF THE COLONY, TEXAS FOR AN AMENDMENT TO THE CITY OF THE COLONY'S COMPREHENSIVE PLAN Mayor Watts opened the public hearing. Sam Chavez gave an overview of the progression of events resulting in the Comprehensive Plan. He advised the Council to review the plan annually. J. T. Dunkin gave a lengthy presentation explaining the process of creating the Plan and pointing out highlights of future needs. Mayor Watts closed the public hearing. 8. REVIEW AND DISCUSSION OF THE MASTER PARK PLAN Para Nelson, Parks and Recreation Director, explained the process used to establish the Master Park Plan. Ms. Nelson advised the Council to also review this plan annually in conjunction with review of the Comprehensive Plan. 9. FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ADDING APPENDIX C, PARK DEDICATION Mayor Watts r~d the caption of the ordinance. Sam Chavez explained the purpose of amending this ordinance and explained that the second reading and request for approval would be on the June 9 agenda. Discussion followed regarding the areas affected by this amendment. 6. PUBLIC HEARING ON APPLICATION OF JOE FRANK JANSEN, DBA GOODY GOODY LIQUOR, INC., FOR A CHANGE OFF ZONING ON PROPERTY PRESENTLY ZONED AS (BP) BUSINESS PARK DISTRICT, SEEKING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A SPECIFIC USE PERMIT FOR A BEVERAGE STORE AND RELATED SITE PLAN GENERALLY LOCATED WEST OF THE NORTHWEST INTERSECTION OF PAIGE ROAD AND S.H. 121 Sam Chavez, City Planner, explained request and Planning and Zoning recommendations and advised Council that an agenda item for action would be on the June 16 agenda. Mr. Chavez added that the applicant had met all stipulations required. Mike Meyers, attorney for Mr. Jansen and Goody Goody Liquor, Inc., spoke regarding requirements they had met for the property usage. He explained that the current zoning of the property allowed for the requested use by Goody Goody. He further expl~.ed that the property is located within the area previously voted "wet" by the citizens ami the Council has already granted three S.U.P.'s for beer and wine sales along SH 121. He asked that his client be treated no differently than the other businesses already granted S.U.P.s. Councilman Longo asked what the developer will do ff the S.U.P. is not granted. Mr. Meyer responded that the situation would be reviewed and the appropriate action taken. Councilman Stanwick asked that a stipulation be added for stop sign at the incoming entrance off of SH 121 for cross access. Councilman Avey clarified that the square footage will be 19,436 for the.structure. She also wanted the cross access pointed out on the map. Gordon Wilson, architect, showed a concept of the entire development showing cross access. He clarified that the western border is land and not roadway. Chuck Rogers, 4112 N. Colony Blvd., stated he was in favor of granting the S.U.P. since it will bring further development and future tax revenue. Jerry Schultz, 5401 Gibson Dr., asked why the liquor store could not be positioned further away from SH 121. Roy Winegar, 5500 Slay Dr., said he spoke before the Council in January regarding this same situation. He is still opposed to liquor stores on SH 121 and urges Council to deny S.U.P. Eric Logan, 7213 Ragan Pl., stated that the population under/he age of 17 is 4795 and recommended that the Council deny the S.U.P. Liz Ripperger, 5909 Stewart Blvd., stated The Colony has been voted "wet" and we cannot deny a business who complies with the requirements. She added that she supports M.A.D.D. but not granting the S.U.P. will not keep someone from buyii~liquor if they chOOse. She added that she is tired of litigation. Lois LeBlanc, 5009 Ridgecrest Dr., stated she doesn't believe the citizens will go to SH 121 to buy alcohol, but feels the City has the right to deny to $.U.P. She thinks the City should wait for another type of business to go on SH 121. ~ 7 008574 The following citizens did not wish to speak but wanted their opinions added to the record: Dormie Watts, 4813 Graham Ct. - opposed to liquor stores on SH 121 Anthony D. Searcey, 5069 S. Colony - opposed to liquor stores on SH 121 John Zamchuk, 5029 Watkins Ct. - opposed to liquor stores on SH 121 Laura Bickerstaff, 4928 Arbor Glen - opposed to liquor stores near high school John Lance, 6852 Younger - opposed to liquor stores near school Janet Gadd, 5104 Sherman - opposed to liquor stores Jenny Seay, 5336 Strickland - no more liquor stores Pant Kammerer, 4848 Alta Oaks Ln. - opposed to liquor stores on SH 121 Gene Heathcock, 5044 Shannon - against liquor stores on SH 121 Sharon Walters, 5337 Strickland - opposed to liquor stores on SH 121 Don Amick, 5021 Walker Dr., asked Pete Eckert, City Attorney, if a restaurant was being built and a S.U.P. was requested is that any different that granting a S.U.P. to Goody Goody. Mr. Eckert explained that each request stands on its own merit. Mr. Amick explained that he keeps hearing that we need restaurants on SH 121, however, liquor sales at restanmnts result in DWI's on the highway rather than someone buying liquor at a package store and taking it home. He stated that this is a business issue and not a moral issue. He is in support of granting the S.U.P. Cynthia Wiechman, 5065 Alpha Dr., explained that she had lost a child to a drunk driver, however, agrees that this is not a moral issue. She added that The Colony has been voted "wet" and she resents being dictated to when it comes to how to live your life. She is also opposed to any more lawsuits. Mayor Watts closed the public hearing. 10. CONSIDERATION OF AUTHORIZING THE INSTALLATION OF AN OFF-PREMISE SIGN IN THE MEDIAN OF NORTH COLONY BOULEVARD FOR STEWART CREEK PARK AND THE STEWART PENINSULA GOLF COURSE Sam Chavez gave a brief explanation of the request and Planning and Zoning Commission action taken. Rusty Nichols, Peninsula Golf Associates, provided the Council with an exhibit of the requested sign approved by Planning and Zoning Commission and an exhibit of a sign the developer originally presented to Council. Councilman Dillard asked who was paying for the sign. Mr. Nichols responded that the developer was paying for the sign. Councilman Stanwick asked who would maintain the sign. Mr. Nichols responded that the developer would also provide maintenance. Councilman Stanwick asked if the sign would be lighted. Mr. Nichols responded yes. Councilman Avey asked if landscaping would be provided. Mr. Nichols explained that the sign was very close to the ground and there would be no landscaping. Motion to approve the sign originally presented to Council - Longo; second - Dillard, Councilman Stanwick made the suggestion that the an'ow be moved to the bottom. Mr. Nichols agreed that would be better. Councilman Avey asked about placement of the sign for reading. Mr. Nichols explained it would be a double-sided sign for reading from either direction. 00657,5 Don Amiek, 5021 Walker Dr., asked what would keep another business from requesting a sign for medians throughout the City. Mr. Chavez responded that the intent of the ordinance is not to advertise but to identify recreational areas. Mr. Nichols further explained that the golf course is a private business but the City has a vested interest. Roy Winegar, 5500 Slay Dr., feels sign may be a hazard because of the placement. He is also concerned about the $1 million of insurance required. Mr. Chavez explained that the insurance mount is standard considering the placement of the sign. Motion carried with all members voting Aye. 11. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS BY ADDING ARTICLE V REQUIRING PERMITS FOR SPECIAL EVENTS Mayor Watts read the caption of the ordinance. Cliff Bormann, Building Official, explained the need for this amendment. Councilman Stanwick stated he was concerned about the definition of a special event. He asked that paragraphs be added to further define the term special event. Mr. Bormann responded those changes would be made for the second reading. 12. CONSIDERATION OF ADOPTING AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN SAID CITY; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND CONTAINING OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THE ORDINANCE Patti Hicks explained that the bond election has been called for the purpose of passing a street improvement bond issue. Tony Johnston, Finance Director, explained that the Public Works Dept. has prepared a list of 46 streets in need of repair for a cost of $14,150,000. The bond election will be held on August 9 for an appropriation of that amount. Mr. Johnston suggested a work session to plan how much debt can be carded in the future. He further explained that Mr. Dunkin had mentioned other facilities to consider in the future so the Council needs to plan when to assume more debt. This bond election is only for street repairs. Mayor Watts read the list of streets located outside of the "Eastvale" area. Mr. Johnston explained that this bond issue will not increase property taxes. Mayor Watts explained that if this ordinance passes, the Steering Committee will be reactivated to plan this election and prioritize needs. She added that the street improvements for the "Eastvale" would be made after water system improvements were complete. Patrick Geary, 5013 Avery Ln., opposes $7 million to be spent in th~ "Eastvate" area. He believes the residents in that area are taking advantage and should be than~l since $1,330,000 has already been expended to improve the sewer system. Cynthia Wiechman, 5065 Alpha, requests that Councilman Avey not vote on thi~ item since it is conflict of interest. Eric Logan, 7213 Ragan, thinks Councilman Avey should vote since she is not a homeowner and will not directly benefit from the hnprovements. 9 00652,6 . Don Amick, 5021 Walker Dr., not in favor of this ordinance since he feels the City could win the lawsuit. Motion to approve the ordinance - Kovatch; second - Longo, carried with the following roll call vote: Ayes: Longo, Henville-Shannon, Avey, Kovatch, Watts Nos: Stanwick, Dillard 13. CONSENT AGENDA Items A and C were pulled from the consent agenda. A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD MAY 5, 19 AND 20, 1997. Councilman Avey asked the minutes of May 19 be amended to read "she (Mayor Watts) continued by saying discussion should not have taken place..." Mr. Dillard asked for amendment to page 14 regarding his comment to Mr. Longo about not representing Billingsley in negotiations regarding a water tower. Motion to approve minutes as amended - Avey; second - Kovatch, carried with all members voting Aye. B. CONSIDERATION OF APPOINTING COUNCILMAN DAVE KOVATCH AS THE VOTING REPRESENTATIVE TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Motion to approve - Stanwick; second - Dillard, carried with all members voting Aye except Kovatch who abstained. C. CONSIDERATION OF ADOPTING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE ACQUISITION OF EQUIPMENT, LEVYING A TAX IN PAYMENT THEREOF, AND ENACTING OTHER PROVISIONS RELATED THERETO Councilman Longo requested dL~cussion of this item due to the large amount of the expenditure. Tony Johnston, Finance Director, listed the items to be purchased for the Fire Department and explained that funding would be out of debt service. Councilman Dillard asked what impact the equipment will have on our key rote. Chief Van Morrison explained that we are "grandfathered" for the next couple of years. Once the department is regxaded, there could be some impact on residential fire rates. Councilman Longo would prefer replacing equipment now to benefit mutual aid with other departments. Patti Hicks added that the City does not have 10 0 0 6 8 7 to go to th~ expens~ of bidding the items sin~ the equipment is being purchased through the Houston/Galveston COO and has already been bid. Motion to approve ordinance - Kovatch; second - Longo, carried with all members voting Aye. D. CONSIDERATION OF APPROVAL OF THE AMENDED FEE AND RATE STRUCTURE AS PRESENTED BY THE FEES COMMITTEE Motion to approve - Stanwick; second - Dillard, carried with all members voting Aye. 14. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION No action to be taken. 15. CITY MANAGER AND STAFF REPORTS Patti Hicks announced that Sam Chavez, City Planner, had resigned effective June 20. She also announced that the City Manager's secretary, Sandy Vondersaar, had also resigned. Ms. Hicks informed the Council that there were two Board vacancies. Mayor Watts announced that mayorial appointments would be made at the next meeting. Ms. Hicks told the Council that the final schedule for City Manager interviews would be distributed as soon as possible. Sam Chavez updated the Council on the search for available land for the Boys and Girls Club. With no other business to discuss, the meeting was adjourned at 11:42 p.m. APPROVED: Mary Blai~. wattS~Mayor ATI'EST: /lk~,haen Devlin,"~D'e~y City Secretary 11