HomeMy WebLinkAbout07/07/1997 City Council00661.9
MINUTES OF THE CITY COUNCIL MEETING
HELD ON
JULY 7, 1997
The Regular Session of the City Council of the City of The Colony, Texas was called to order
at 7:40 p.m. on the 7th day of July, 1997, at City Hall with the following Council roll call:
Mary Blair Watts, Mayor Present
Bill Longo, Councilmember 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 presem, a quorum was established and the following items were addressed:
INVOCATION - MARK WORTHAM - FIRST BAPTIST CHURCH
PLEDGE OF ALLEGIANCE
MAYORAL COMMENTS
* National Night Out is August 5, 1997
* July 10, 1997 Bond Committee meeting will be televised. Viewers will be able
to call in with questions.
* F.M. 423/N. Colony intersection improvements have been delayed from August
to November, 1997.
* 1997 Legislature passed laws regarding under age tobacco and alcohol users
* The new solid waste services will be reported on later in the meeting.
9. CITY MANAGER AND STAFF REPORTS
City Manager Lambert reported:
1. There will be an open house to showcase all major developers in the City in late
July. Date to be set. A time for citizens to see what is being planned and also to see what the
city staff does. Tentatively the last week of July.
2. City Hall is crowded and I have asked for two proposals from space planners
which range in cost from $.10 per square foot to $1.00 per square foot. To do just the city hall
side would be approximately $2000.00 - $2500.00. If there are no objections (from council) this
will be pursued.
3. The next council retreat needs to be set. A Fall date is recommended, sometime
after the budget is done. Council discussed when to hold budget meetings. Tentative - Last
week in July for the first one. Mr. Johnston advised the preliminary budget will be presented
to them at the July 21, 1997 council meeting.
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Councilman Longo suggested adding the Police Communications Office to the space
planning. Mr. Lambert advised there is not much that can be done in P.D.
4. The recycling bins at the Wal-Mart parking lot were removed by CWD at the
request of Wal-Mart because CWD did not keep the area around them clean and neat.
5. The Council would like to have the agenda given to them sooner so they have
plenty of time to review items before they vote on them. Mr. Lambert proposed having a work
session on the Monday prior to the regular meetings (lst & 3rd Monday) to discuss all the items
to be on the regular meeting agenda. Deadline for items would be Monday afternoon and
nothing could be added after that. Another option would be to meet at 5:30 p.m. prior to the
regular meeting at 7:30 p.m. He explained the packets would be given to the council at the work
session on the previous Monday. They would then have a week to review before the regular
meeting. There was brief note that this will delay the vote on some items. Councilman Stanwick
said only items that will create long discussion should be on the pre-work session. Councilman
Dillard said he has not had a problem with the current procedure and sees no reason to change
it.
Councilman Kovatch suggested getting the packet on the previous Monday, but holding
the work session at 5:30 just prior to the regular meeting. Mayor Watts asked that they try the
work session on the previous Mondays. Councilman Avey wants the packet on the Friday prior
to the work session on Monday.
6. Mr. Lambert advised he has asked the Planning and Zoning Commission to serve
as the interview panel for the Planning Director position and that he wants two Councilmembers
to sit on that panel as well.
7. Mr. Lambert asked that the Mayor appoint 3 Councilmembers to meet with staff
and the developer to draft a developer's agreement for the Billingsley property and the
Wynnewood property (with regard to water and sewer).
OLD BUSINESS
* Code of Ethics - Councilman Longo reported that he and Councilman Avey had
met with Margaret Burkett regarding the proposed ordinance drafted by Pete Eckert. He
believes that State Law, the Charter and the Personnel Policies cover all but one minor issue and
Margaret is working on an amendment to the Personnel Policies to cover that matter, which will
be brought to council at a later date.
* 1/2 cent sales tax will be addressed in Agenda Item 8.
* Regional Wastewater - Mr. Lambert reported that he, the Mayor and staff met with
Frisco and representatives from NTMWD on June 20, 1997. The engineers are working on the
cost estimates and they will be brought to council when ready.
* Lime Treatment/Centrifuge Installation/Aeration System - Pat Dmflap reported that
the lime stabilization problem reported 45 days ago has been resolved. The contractor is on site
to install the centrifuge and the contractor for the aeration system will be on site in mid-July.
* 121 R.O.W. - Mr. Lambert and Councilman Kovatch will attend the 121 task force
meeting on Friday.
* Carver Policy - Councilman Kovatch suggested this would be a good follow-up
to the retreat in the Fall.
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* Solid Waste Services - Pat Dunlap reported that IESI has been serving the city
since June 1. There have been problems but the owners have been very helpful and feel all the
concerns either have been or will be resolved. The system is being modified to meet the needs
of our city and they have gone above and beyond to rectify problems. Mr. Dunlap believes that
within the next 30 days the system will be working much better. We have asked for proposals
from them for some other services and those will be brought to council when reviewed by the
committee. An IESI representative is at the Utility Bldg. this week to take all calls. Councilman
Longo asked if bulk can be picked up more than once a month during the summer and again in
January due to Christmas.
2. CITIZEN INPUT
Roger Ballentine, 5628 Tucker, addressed the council regarding the upcoming bond
election, stating he has been serving on the Bond Committee. Mr. Ballentine went on to say it
appears the driving force is the Eastvale law suit and subsequent settlement agreement, which
he believes grants everything to the Eastvale area that they want. Mr. Ballentine quoted from
council minutes during 1987 regarding the consolidation of Eastvale into The Colony. He quoted
a letter to the editor which was published in last week's paper in which Councilmen Stanwick
and Dillard were reprimanded for not going along with the rest of the council. Mr. Ballentine
concluded by asking if in the future the citizens will believe the Mayor and the other 4
couneilmembers acted in the best interest of the city or if they would be known as the "Gang of
Five" who sold us out.
Teresa Sidwell, 3953 Teal Cove invited everyone to attend one of the 15 block parties
planned for National Night Out on August 5, 1997. She challenged the Mayor, Councilmembers
and City Manager to volunteer time in a dunking booth at the Stewart Peninsula block party to
raise money for the Denton County Child's Advocacy Center.
3. PUBLIC HEARING ON APPLICATION OF TRUMAN C. EDMINSTER, CARTER &
BURGESS, INC. FOR A REPLAT OF PROPERTY PRESENTLY ZONED PLANNED
DEVELOPMENT 8 (PD-8) FOR SINGLE FAMILY RESIDENTIAL DISTRICT,
SEEKING A REPLAT OF COMMON AREA 1 INTO TWO (2) LOTS LOCATED ON
THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH COLONY
BOULEVARD AND STEWART BOULEVARD
Mayor Watts opened the public hearing, which is a time for the council to hear input from
the developer, staff and citizens regarding this request for a replat on the Cottonwood Springs
Subdivision of Stewart Peninsula. Mr. Pat Dunlap gave a brief analysis of the request, stating
that Planning and Zoning and staff have reviewed and do recommend approval. There were no
other comments from the public or the council. Mayor Watts closed the public hearing.
4. CONSIDERATION OF APPROVAL OF A REPLAT AS PRESENTED BY TRUMAN
C. EDMINSTER, CARTER & BURGESS, INC. OF THE COMMON AREA INTO TWO
(2) LOTS LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF
NORTH COLONY BOULEVARD AND STEWART BOULEVARD
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00662;
Following the public hearing, the council may take action to approve the replat. The
request has been reviewed by Planning and Zoning and approval is recommended. Councilman
Avey stated that the council had previously given direction to staff that they did not want to have
any action item on the same agenda as the public hearing for that particular item.
Motion to postpone to the next meeting - Avey; second - Longo, failed with the following
roll call vote:
Aye - Longo, Avey, Watts
No - Henvill~Shannon, Stanwick, Dillard, Kovatch
Motion to approve as presented, subject to all staff stipulations - Kovatch; second - Dillard.
Councilman Stanwick clarified with Mr. Edminster that the island will be sprinkled.
Councilman Dillard agreed with Councilman Avey regarding the direction given to staff
previously, but noted that this particular item is a simple issue and We need to be flexible. He
said there are cases that require more study, but this case is very simple.
Mr. Lambert said it is customary under most zoning ordinances to separate the public
hearing from the vote by two weeks and asked if the council wanted the Planning and Zoning
commission to draft an amendment to our ordinance to require that (separation).
Mayor asked if there was consensus to do this. Councilman Kovatch asked if P&Z would
also have the same two week period. Mayor Watts asked for the vote on the motion.
Motion carried with all members voting Aye.
Mayor Watts asked again if there is consensus to ask P&Z to draft an amendment to the
zoning ordinance. Councilman Stanwick stated that the council can postpone any item at any
time, and that this might reduce the council's flexibility to address those items that don't require
lengthy study and discussion. Councilman Kovatch asked that P&Z also be given the two weeks,
but to asked that both (P&Z and Council) mn concurrently. Staff advised that could not be done
because when council holds a public hearing, they must have the recommendation from P&Z.
Councilman Longo suggested that P&Z be allowed to make the decision as to when an issue
needs to be separated, instead of complicating the way we do business and agreed with
Councilman Stanwick. Patti Hicks stated that she is responsible for these two items being on the
same agenda. She stated that she assumed that this would be a simple case and would not
require any separation. She further stated it is not a problem to separate items, it just was not
done in this case due to the nature of this issue.
Following discussion, there was consensus to ask P&Z to recommend an amendment to
the zoning ordinance to handle this issue.
5. CONSENT AGENDA
Mayor Watts summarized the consent agenda items.
A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL
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MEETINGS HELD JUNE 2, 9, AND 30, 1997
Council meeting minutes have been prepared for the council review and approval.
Councilman Avey pulled this item and noted that it has been over a month since the June 2 and
9 meetings and she would like to see the minutes presented to council by the next regular session
when possible. Ms. Hicks said is not possible right now, but will do the best she can.
Motion to approve as presented - Avey; second Longo, carried with all members voting Aye.
B. CONSIDERATION OF APPOINTMENT OF A REPRESENTATIVE AND AN
ALTERNATE REPRESENTATIVE TO THE NORTH TEXAS REGIONAL LIBRARY
SYSTEM
The Library Board recommends re-appointing Patricia Mooney and James Althaus to
serve another two-year term.
Motion to approve as presented - Kovatch; second Stanwick, carried with all members
voting Aye.
C. CONSIDERATION OF APPROVAL OF A CONTRACT W1TH DELOITTE
TOUCHE FOR AUDIT SERVICES
The City has been using this fn'm for several years with very satisfactory results.
Approval is recommended.
Motion to approve as presented - Kovatch; second Stanwick, carried with all members
voting Aye.
8:45 p.m. Recess
9:04 p.m. Reconvene
9:05 p.m.
10. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551 OF THE LOCAL
GOVERNMENT CODE RELATING TO PERSONNEL (551.074) AND REAL ESTATE
(551.072), TO-WIT;
A. CITY MANAGER EMPLOYMENT AGREEMENT
B. PROPOSED LEASE OF CITY PROPERTY ADJACENT TO LAKE
LEWISVILLE
10:35 p.m. Reconvene in open session
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11. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT
OF THE EXECUTIVE SESSION
A. CITY MANAGER EMPLOYMENT AGREEMENT
Motion to approve as amended - Kovatch; second - Dillard, carried with all members voting
Aye.
B. PROPOSED LEASE OF CITY PROPERTY ADJACENT TO LAKE
LEWISVILLE - No action to be taken
6. CONSIDERATION OF AUTHORIZING A GROUND LEASE AGREEMENT WITH
MATTHEWS-SOUTHWEST FOR WYNNEWOOD PARK
The City has been negotiating with Matthews Southwest on a ground lease agreement for
the lease of Wynncwood Park for a golf course facility. After approval of the Council, the lease
must then be approved by the Corps of Engineers.
Dennis Watson, Assistant to the City Manager, introduced Rick Manser representing the
Economic Development Cooperation to make a presentation to the council regarding the proposal
by Matthews-Southwest to construct a golf course on Wynnewood Peninsula. Mr. Manser's
presentation outlined the requirements the EDC had established, the projected revenues from the
proposed project and the time line. Mr. Manser said EDC unanimously recommends approval
of this proposal with Matthews-Southwest. Tim House, with Matthews-Southwest said the
proposed lease is the result of months of work with the EDC, noting that the overall concept
started over 3 years ago.
Motion to give preliminary approval of the lease, subject to revision made today and
subsequent revisions, with final approval on July 21, 1997 - Stanwick; second - Dillard.
Mr. House asked the Mayor to write a letter to send to the Corps with the City's
endorsement of the lease. Mr. Lambert stated the city will do what it needs to in order to help
with this process with the Corps.
Motion carried with all members voting Aye.
7. CONSIDERATION OF AUTHORIZING A SECOND INFRASTRUCTURE INSPECTOR
IN THE PUBLIC WORKS DEPARTMENT
Chttrently the city employs one infrastructure inspector to handle inspection of streets,
drainage, water and sewer lines. With all the new construction unde~ay and projected in the
very near future, it is recommended a second inspector by hired imme~atelY.' The cOSt of these
inspectors is subsidized by the 1% inspection fee paid by the developers.
Motion to approve as presented - Longo; second - Dillard carried with members voting Aye.
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8. CONSIDERATION OF A BUDGET AMENDMENT IN THE AMOUNT OF $100,000
FOR THE PURPOSE OF ESTABLISHING AN ECONOMIC DEVELOPMENT
DEPARTMENT
The Council has directed the City Manager to pursue the establishment of an Economic
Development Department including the hiring of an Economic Development Director. This
budget amendment is necessary to cover the expenses of that department. Mayor Watts stated
the EDC Plan of the Comprehensive Plan recommended this. Mr. Gary McClure, President of
EDC stated this position will be very important in The Colony.
Councilman Stanwick agreed the position is needed, but expressed concerns; the
Economic Development Dept. should be funded by the sales tax. Whoever is hired will help get
the sales tax passed and they will have to be allowed to nm the campaign as they see fit, which
could delay the proposed January election date. Another concern expressed by Stanwick was in
adding a director at the proposed salary ($60-65,000) when we know our other directors are not
being paid enough and we may not be able to increase their salaries.
Councilman Longo asked if the person would work with developers. Mr. Lambert said
that would be the Planning Director's job; the Economic Development Director will be a
marketing position, will have management responsibilities given and will work for him (city
manager) and the EDC. Councilman Kovatch said the election campaign will be nm by the
EDC and the established committee.
Mayor Watts said the council was given a petition with 357 names on it which identified
the types of businesses desired by the citizens and the Economic Development Director will make
contact with these type of businesses.
Motion to approve as presented - Kovatch; second - Avey, carried with the following vote:
Aye - Longo, Henville-Shannon, Avey, Dillard, Kovatch, Watts
No - Stanwick
With no further business to address, Mayor Watts adjourned the meeting at 11:07 p.m.
APPROVED:
Mary Blair ~Natts, l~yor
ATTEST:
Patti A. Hicks, TRMC, City Secretary
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