HomeMy WebLinkAbout09/08/1997 City Council 00666
MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL COLONY
HELD ON
SEPTEMBER 8, 1997
The Regular Session was called to order at 7:30 p.m. 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, Councihnember Present
Dave Kovatch, Councilmember Present
with seven members present, a quorum was established and the following items were addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATION:
Invocation - Rev. David Freehling, Trinity Presbyterian
Pledge of Allegiance
Mayoral Comments:
Wal-Mart has announced that they will build a 206,000 square foot Supercenter at the
comer of F.M. 423 and State Highway 121 in The Colony. Thanks to the residents who wrote
letters encouraging Wal-Mart to stay in The Colony.
The Colony Chamber of Commerce has been awarded a $2,500.00 grant in the 1997
Economic Excellence program by Southwestern Bell.
At this time, Gary McClure, president of The Colony Municipal Economic Development
Corporation Board of Directors, presented Dennis Watson with an engraved golf club, thanking
him for his work with the Board over the past year in seeing a golf course in The Colony
become a reality. Dennis is leaving the city for another position. Mayor Watts announced that
she received a call today from the Corps that the lease has been approved for signing.
Mayoral Proclamation: Mayor Watts read a proclamation declaring September 9, 1997 as
Camey Elementary Day and congratulating the school on their 20th anniversary. Principal Ruth
Eidenier accepted the proclamation.
City Manager and Staff Reports: A work session has been set for 7:00 p.m. Thursday,
September 11, 1997 for the council, staff and developers to discuss the proposed amendments
to the impact fees.
Lt. Mike Carroll has suffered a heart attack and is RHD Memorial Medical Center. He
is stable.
Wastewater Treatment Plant - Calls have been received regarding the odor. The plant is
not operating at full capacity due to improvements being made at this time. The first phase of
the improvements should be complete in 2 weeks and should diminish the odor. The EPA and
the TNRCC conducted a surprise inspection of the plant last week and found nothing out of
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order. They commented that we were doing the best we could under the circumstances. Foggers
are being purchased and should be in place tomorrow, which will disburse a chemical over the
area which is designed to neutralize the odor.
Flashing lights at school crosswalks - 1991 legislation allowed cities to place $20.00 of
every citation written for a violation within a school zone into a special "Child Safety Fund".
We have used that fund for lights and other needs in school zones over the past several years.
Currently the balance is $6,114.00. The 1997 legislation eliminated the ability for cities under
400,000 to use the $20.00 for any purpose. They left the ability to use $5.00 for every parking
citation written for that purpose. We will use the balance and any future revenue for the high
priority flashing lights.
Work Sessions - The agenda preparation and distribution is confusing and council has
requested a change. The city manager's goal is to get the information on a regular agenda to the
council 9 days prior to the regular meeting. We have been holding a work session the week prior
to the regular meeting to discuss those items. After discussion, it was the consensus of council
that getting the information early is helpful, but that a work session would only be needed if an
item was regarding zoning or other specific matters. Perhaps the work sessions can be televised
when they are held so the public can be aware of the discussions. More volunteers are needed
for this purpose.
Mr. Harry Persaud, new Planning Director was introduced.
5.1 OLD BUSINESS
Old Business Status Report: Mr. Lambert reported that the Ethics policy has been written and
will be added to the Personnel Policies and Procedures. The amendment states that an employee
cannot leave the city's employ and then come back before the city council representing another
entity for two years. Councilman Stanwick asked if this meant someone could not come back
representing any entity or just entities that the employee dealt with while they were employed
with the city. Ms. Margaret Burkett stated the intent is that an employee cannot represent any
entity before the council. There was a request for clarification and Mr. Hill said he would make
sure the section is clear. This section will apply to all employees and Mr. Lambert asked if the
council wanted an ordinance which would apply to councilmembers as well. Councilman Dillard
said personnel matters pertain to employees not council. He went on to say there are adequate
safeguards in State Law and our Charter and cautioned the council to be careful not to say what
a person can do after they leave office (as a councilmember).
There is a meeting of the 121 Task Force this Friday at 10:00 a.m. Mr. Lambert met
with N.T.M.W.D. last week and they are preparing the costs for the city to use them to operate
our wastewater treatment plant. Frisco will be expanding whether we join with them or not so
a decision will have to be made in 2 - 3 months regarding this issue. The centrifuge is up and
nmning and the aeration system is on target.
The widening of F.M. 423 from N. Colony to the bridge should be complete in March
1998. Roads that may be closed temporarily due to this project are W. Lake Highlands, Lake
Park and Lamer at their intersection with F.M. 423. TxDOT has again said no to a signal at
Cougar Alley and F.M. 423. They suggest the city have another traffic study done during the
school year.
Mayor Watts asked Mr. John Hill, City Attorney, to advise the public what he has told
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the council regarding confidentiality of Executive Sessions. Mr. Hill stated that executive
sessions are a time when the council can discuss freely litigation, personnel matters and matters
regarding real estate. He said it is important to keep the conversations among themselves and
that disclosing information could violate the attorney/client privilege.
Citizen Input:
Joe Agnew, 5301 Nash Drive, expressed concern over the United States Flag being flown
at half-staff over the weekend in honor of Diana, Princess of Wales. Mr. Agnew quoted Federal
Law which states the President has to declare such an honor for foreign dignitaries and said he
is not criticizing anyone but asks that we be more cautious in the future. Mr. Lambert took
responsibility stating he thought the Mayor had the authority to make that determination in cities.
He has asked the city attorney to research this matter. Mayor Watts responded stating it was a
matter of respect and if she does have the authority she will continue to take action when she
deems it appropriate.
Sue Walden, 5081 Avery Lane, member of the EDC, thanked the residents for their letter
writing campaign to Wal-Mart, stating she believes those letters were helpful in the decision to
stay in The Colony.
2.1 DISPOSITION OF MINUTES:
Approval of the minutes of the council meetings held August 11, 18, and 25, 1997. Councilman
Henville-Shannon asked that the minutes of the August 25th be amended to reflect that they are
minutes of a work session.
Motion to approve as amended - Stanwick; second - Dillard, carried with all members
voting Aye.
3.6 REGULAR AGENDA:
PUBLIC HEARINGS:
3.1 Replat as requested by Ghanshyam V. Dace, dba Dave's Discount Liquor, on property
presently zoned Planned Development 11 (PD-11) for the (GR) General Retail District (MF)
Multi Family, seeking a replat of Lot 1, Block 2 Colony Plaza, located at the northeast comer
of the intersection of Memorial Drive and F.M. 423 (Main Street)
Mr. Cliff Bormann stated the Planning and Zoning Commission recommended approval
of this replat on August 12, 1997 subject to all stipulations.
Motion to open the public hearing - Kovatch; second - Longo, carried with all members
voting Aye.
Councilman Avey asked that the State's guidelines for median openings, etc. be provided
to the council. Mr. Lambert said he has spoken to someone with TxDOT and was told that our
guidelines are much more stringent than theirs (State) and if the city will approve it then the
State will approve it. He will get a copy of their standards.
Councilman Henville-Shannon asked about placement of the monument sign. Mr.
Bormann said that is a matter to be discussed during site plan discussions, but noted it will meet
the city's regulations.
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Mike Lynch, P&Z member noted that a stacking lane has been required which will make
right tums into the development easier. --
Motion to close the public hearing - Kovatch; second - Dillard, carried with all members
voting Aye.
RESOLUTIONS:
3.2 Take a record vote to call a public hearing regarding a proposed tax increase of more
than 3% above the effective rate - Public Hearing to be September 22, 1997. Mr. Tony Johnston
stated the tax roll last year was $640,000,000 and this year it is $676,733,000 due to an increase
in property values. Because the rates is above the 3% limit, a public hearing is required, the
difference in the annual tax bill for the average home is about $46.00. The actual ad valorem
tax rate of the city has not increased, just the value of the property.
Motion to call a public hearing for September 22, 1997 and to state that the anticipated tax
rate for the City is $.795 per $100.00 valuation - Kovatch; second - Dillard, carried with all
members voting Aye.
ORDINANCES:
3.3 Providing for the levy of a hotel occupancy tax pursuant to Section 351.000, et.seq. Tax
Code
(Ord. # 97- 992 )
Dennis Watson took this opportunity to thank members of the EDC for their work on the
golf course as well as Loft Harlan who preceded him in the position he has held with the City.
Mr. Watson then stated that the hotel occupancy tax ordinance is in compliance with State law
and that the 7% is in line with our neighboring cities. The money from this tax does not go into
the General Fund and can only be spent according to State Statute.
Mayor Watts read the caption of the ordinance as follows:
Motion to approve the ordinance as written - Kovatch; second - Longo.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS PROVIDING
FOR THE LEVY OF A HOTEL OCCUPANCY TAX PURSUANT TO
CHAPTER 351, TEXAS TAX CODE; PROVIDING FOR THE ASSESSMENT
AND COLLECTION OF THE TAX; PROVIDING FOR THE DISPOSITION OF
REVENUES DERIVED FROM THE TAX; PROVIDING FOR COLLECTION
AND REPORTS CONCERNING THE TAX; PROVIDING FOR THE MAKING
OF RULES AND REGULATIONS BY THE CITY MANAGER NECESSARY
TO COLLECT THE TAX; PROVIDING PENALTIES FOR VIOLATION OF
THE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
AN EFFECTIVE DATE
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Motion carried with the following roll call vote:
Ayes - Longo, Henvillc~Shannon, Stanwick, Avey, Kovatch, Watts
Noes - Dillard
3.4 Amending Chapter 2 CAdmirfistration") by amending Section 2-19 ("Building Security
Fund")
(Ord. # 97- 993 )
Mr. John Hill, City Attorney stated the legislature amended the law this year to clarify
what constitutes convictions. Mr. Lambert confmned that these funds can be used to offset a
portion of the cost of the City Marshal department. Mr. Hill agreed, stating that since the City
Marshal essentially provides security for the Municipal Court, that would be acceptable.
Motion to approve the ordinance as written - Kovatch; second - Longo. carried all members
voting Aye.
3.5 Amending Chapter 12 ('Municipal Utilities and Services") relating to solid waste
collection services
(Ord. # 97- 994 )
Mr. Pat Dunlap stated that changes have been made to the ordinance to allow for toters
as well as other administrative changes. The City Secretary will ensure that the word "screened"
is deleted from the final copy.
Motion to approve the ordinance as written - Avey; second - Dillard. carried with all
members voting Aye.
OTHER ACTION ITEMS:
3.6 Approval of a contract with C.W.D. for Recycling Services
Mr. Pat Dunlap stated the contract now includes changes recommended by the city
attorney and that C.W.D. agrees with most of the changes. Mr. Lambert said that he spoke to
Mr. Greg Roemer with C.W.D. and he has agreed to all of the changes. Councilman Henville-
Shannon had several questions regarding Standards of Performance and Payment, Notification
of any changes to routes, automatic renewal after the initial 5 years and complaint reporting.
John Hill, city attorney, stated that the initial rate is guaranteed for the first year and then
can be adjusted according to the CPI plus 1%. He said the company has the fight to come to the
city for an increase if due to a mandate or is the disposal rotes are increased.
The contract states that the city shall publish routes once a year. Councilman Henville-
Shannon wants C.W.D. to pay for notification if the routes change. Mr. Roemer agreed to that.
Mr. Roemer addressed the 5 year automatic term, stating that the city has the fight to go
out to bid at the end of the first 5 years if they so desire, but if they are satisfied then the
agreement will automatically renew. Councilman Henville-Shannon wants the contract to be for
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5 years, not automatically renewable. Mr. Hill agreed and said the last of that paragraph will be
deleted. Mr. Roemer advised that notices of complaints are sent to the city on a monthly basis
now, which is acceptable to Councilman Henville-Shannon.
Councilman Avey said that if the council decides to stay with bags, there needs to be a
cost for bins put into the contract so that if future councils decide to change to bins the cost is
known. She also wants to include a time for delivery of the bins if that is the decision and
suggested within 45 days of the decision to change. Councilman Avey said that if we go with
bins, C.W.D. has agreed to pick up any overflow recyclables as long as there are no more than
3 bags and they are the approved blue bags. She said this should be in the contract.
Councilman Kovatch said we have tabled this contract previously so we could have a
"clean" contract and now we are again nowhere near a clean contract.
Motion to postpone - Kovatch; second Longo.
At this time, Mayor Watts opened the floor to citizen input.
Mike Lynch, 4921 Roberts, advised that a motion to table has to be voted on before
discussion can continue.
Motion failed with the following vote:
Ayes - Longo, Kovatch, Watts
Noes - HenviHe-Shannon, Stanwick, Avey, Dillard
Mike Lynch, 4921 Roberts, said this has been drug out as far as it can. He suggested
leaving the 5 year renewable clause and reminded the council that contracts for services such as
this do not have to be bid at all. He said to be sure both this contract and the IESI contract are
the same. He said he would like to see this passed tonight.
Councilman Avey asked if the 5 year term was a problem with the rest of the council.
Motion to approve as amended by Councilman HenviHe-Shannon, Councilman Avey and
the City Attorney - Avey.
Councilman Dillard asked Councilman Avey to re-state her suggestions. Mayor Watts
suggested a recess so that the City Attorney can review the changes and perhaps come back with
a contract that can be approved tonight. Councilman Avey withdrew her motion.
Recess: 9:20 p.m. Reconvene 9:37 p.m.
3.6 Approval of a contract with C.W.D. for Recycling Services
Motion to postpone to the September 15, 1997 meeting and direction to the City Attorney
to have the contract ready for the council review by Thursday, September 11, 1997 - Avey;
second - Kovatch, carried with the following roll call vote:
Ayes - Longo, Avey, Kovatch, Watts
Noes- Henville-Shannon, Stanwick, Dillard
CONSENT AGENDA: All items listed below are considered to be routine by the City Council
and will be enacted with one motion. There will be no separate discussion of an item unless a
Councilmember requests it, at which time it will be removed from the Consent Agenda and
considered separately.
RESOLUTIONS:
4.1 Consideration of a resolution approving the fiscal year 1998 Financial Plan of the Denco
9-1-1 District
Motion to approve as written - Longo; second - Kovatch, carried with all members voting
Aye.
4.2 Consideration of a resolution appointing Olive Stephens as a member of the Board of
Managers of the Denco Area 9-1-1 communication District
Motion to approve as written - Longo; second - Kovatch, carried with all members voting
Aye.
OTHER ACTION ITEMS:
4.3 Acceptance of a letter of resignation from Craig Sloan from the Economic Development
Board of Directors
Motion to approve as written - Longo; second - Kovatch, carried with all members voting
Aye.
4.4 Consideration of renewal of an agreement with the Texas Municipal League Risk Pool
Services for insurance benefits for city employees
Motion to approve as written - Longo; second - Kovatch, carried with all members voting
Aye.
DISCUSSION ITEMS:
6.1 Guidelines for Community Access Programming
Councilman Longo said the committee has been working on Channel 6 broadcasts to
improve communications for the citizens. He said some changes have been made and are being
well received by the public. The Dale Jackson Center (LISD) is going to provide assistance.
The committee feels strong guidelines are needed and suggests that the council appoint a formal
board to oversee this matter.
Councilman Dillard asked about cost to the city and Mayor Watts advised there is no cost
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to the city. Councilman Dillard said to be careful because most government programs that grow
then require funding. Mr. Lambert said the proposal is to establish a standing board to oversee
the 2 public access channels. Mayor Watts asked the public to let the city know if this is
something that they (public) want to see continued. Councilman Longo said there may be a
newscaster broadcast local news once a week.
6.2 Annexation of Corps of Engineers Property
Mayor Watts said we need to know where our city limits are between Wynnewood
Peninsula and Stewart Peninsula. If we do not have the Corps property then we need to annex
it. Staff and engineers will research and report.
With no further business to address, Mayor Watts adjourned the meeting at 9:53 p.m.
APPROVED:
Mary Blai~Watts~ayor
ATTEST:
Patti A. Hicks, TRMC, City Secretary