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HomeMy WebLinkAbout09/15/1997 City Council 006678 MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL HELD ON SEPTEMBER 15, 1997 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 6:45 p.m. with the following council roll call: Mary Blair Watts, Mayor Present Bill Longo, Councilman Present Bemetta Henville-Shannon, Councilman Present David Stanwick, Councilman Present Wilma Avey, Councilman Absent, (Personal) John Dillard, Councilman Present Dave Kovatch, Councilman Present with a quorum established, the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATION: Invocation - Sr Warden, Valerie Hill, St. Peters by the Lake Episcopal Pledge of Allegiance 7.0 EXECUTIVE SESSION - 6:52 p.m. As authorized by Section 551.071 and 551.074 of the Local Government Code regarding litigation and personnel, to wit: A. Interview for Board Appointments 7:40 p.m. Reconvene in open session. 7.1 APPROPRIATE ACTION A. APPOINTMENT TO BOARDS Mr. Lambert suggested postponing action on the EDC appointment until the council can meet with the Economic Development Director. Mayor Watts opened the floor for nominations to the Boards. EDC - There were no nominations. Library - Councilman Henville-Shannon nominated Sue Parks. There being no further nominations, Ms. Parks was appointed by acclamation. Parks and Recreation - Councilman Stanwick nominated Charlotte Arteritano, Councilman Dillard nominated Laura Bickerstaff. Ms. Bickerstaff was appointed with the following vote: Bickerstaff- Longo, Henville-Shannon, Dillard, Kovatch, Watts Arteritano - Stanwick Mayoral Proclamations: Declaring September 17-23 as Constitution Week - Mayor Watts read the proclamation in its entirety. The Proclamation will be mailed to the Benjamin Lyon Chapter of the Daughters of the American Revolution in Denton, Texas. Declaring September 15-19 as Payroll Week - Mayor Watts read the proclamation in its 0066?9 entirety, which was accepted by Jackie Carroll and Charmyne Crowe of the Utility Administration Department of the city. National Payroll Week buttons were handed out to all the Councilmembers. Presentation of Employee Awards: Margaret Burkett, Personnel Director, and Mayor Watts presented Jackie Carroll, Utility Administrator, with a plaque recognizing her for being the first employee to reach 20 years with the City. Also receiving awards for their tenure were: Andy Longo - 15 years, Charmyne Crowe and Jerry Young - 8 years. Recognized, but not present were: Phillip Buchheister and Gloria Carver - 8 years; Paul Thornton and Craig Parrish - 5 years; David Winters, Joe Hammond, Robert Sargent and Michael Lewis - 3 years; and Michael Fox - 2 years. City Manager and Staff Reports 5.1 OLD BUSINESS Mr. Lambert advised there were changes to the old business report at this time. 1. Wastewater Treatment Plant - the foggers are in place to minimize the odors and the results are mixed. 2. A fence is being built around the generator at City Hall. The shrubs that have been in place were not allowing enough air to circulate around the generator. 3. Councilman Kovatch clarified items regarding the solid waste collection service for people who are still not clear: A. Brush will be picked up every week, B. Bags outside the toter will also be picked up, C. If a second toter is no longer needed it can be returned to IESI, D. Residents with front pick-up will be moved to the alley when new trucks arrive. 4. Councilman Kovatch asked why the water tastes so bad and asked that item to be added to Old Business to see if there is a resolution to this problem. Citizen Input Sam Fitzgerald - Hidden Cove Park - announced the Octoberfest at the park on October 4, 1997. More judges are needed for the BBQ Cook-off. The event includes a jazz festival, arts and crafts, etc. On September 13, 1997 there was a bike rally and the Oldies Fest, which brought 837 vehicles into the park, a record for vehicles in the park in a single day. Dan B_'~'ne, 5201 Gibson, said he is moving from The Colony and will be resigning from the Beautification Committee. He said for those residents upset with the solid waste collection service to "get a life" because there are more important things in life than garbage. To Mayor Watts he said to "Keep up the good fight, I am proud to say that I live in a city that is governed · by a Mayor who has integrity and honesty, something that was not present when I moved here". To former Mayor he said, "Take the advice in the first question, get a life. I know it must be hard to live with the fact that you got beat by a woman, but The Colony cannot afford to have you working behind the scenes, trying to sabotage the good work that is now taking place in the city. If our Mayor fails, the city fails, you don't win". Councilman Dillard, "Point of order". Mayor Watts recognized Councilman Dillard. 2 Councilman Dillard said according to council protocol, personal attacks would not be tolerated. Mr. Byme continued, stating that he's heard a lot about development since he came to The Colony. He said don't worry about development, it will come. He said they picked The Colony because there was so much space, because it was a bedroom community. Mr. Byme thanked the council for the opportunities he has had while living in The Colony. Bill Longo, 5012 Middleton, advised that a lease has been signed on the space at S. Colony and Paige (former post office) to be used as a temporary facility for the Boys and Girls Club. He said they will need equipment, furniture and other items and encouraged all to become involved. 2.0 DISPOSITION OF MINUTES: 2.1 Approval of the minutes of the council meeting held September 8, 1997. Motion to approve - Kovatch; second - Dillard, carried with all members voting Aye. 3.0 REGULAR AGENDA: PUBLIC HEARINGS: 3.1 Regarding the use of funds obtained from a law enforcement block grant Motion to open - Kovatch; second - Dillard, carried with all members voting Aye. Chief Clark gave a brief history of the grant and its purpose. The Committee made up of Lt. Mike Carroll, Ms. Cami Sanderford, Ms. Emily Palmer, Mr. Tommy Thomas and Rev. David Howeth met and has recommended using the funds to purchase six (6) portable radios and one (1) radar unit for a total of $16,025.00. There was no public input on this matter. Motion to close - Kovatch; second - Dillard, carried with all members voting Aye. 3.2 Regarding amendment of impact fees for water and sewer and adopting of impact fees for roadway facilities A. Single Family B. Multi-Family C. Commercial/Retail D. Business Park Motion to open - Henville-Shannon; second - Kovatch, carried with all members voting Aye. Hal Jones, Hunter and Associates, made a presentation to council, explaining the purpose of this process is to amend the existing water and wastewater impact fees and to establish impact fees for thoroughfares. He said the council will set the maximum rate the city can charge, not the rate, but the maximum. Mr. Jones said the 18 month process has included the adoption of Land Use Assumptions and the Comprehensive Plan. Mr. Jones went on to discuss population estimates, capital costs, etc. He advised that after the Public Hearing is closed, the council then has 30 days to adopt the impact fee ordinance. Councilman Stanwick suggested continuing the public hearing because the council needs to have a good idea of the f'mal proposal. Tim House - Ridgepointe and Wy~ewood developments said he was at the work session where there was a complete discussion regarding this issue and that he left there thinking there would be another work session. He particularly questioned the level of fees, phasing of the fees 3 006681 and the timing of the application. Mr. House said all these things affect development in The Colony and encouraged continuing the public hearing. -- Councilman Stanwick said all the figures include debt service and in the worst case scenario, that makes sense. He said however in the past developers have put in water and sewer and not the City. He suggested taking debt service out and looking at tree capital costs. Mr. Jones said those numbers are available and have been given to staff, noting it is about 50%-60% of the total cost. Mr. Lambert clarified that the Council can adopt any portion of the maximum amount proposed, including debt service. Councilman Kovatch said to be sure we are competitive with neighboring cities. Motion to continue the public hearing - Stanwick Mr. John Hill, city attorney, said all those who wish to speak should be allowed to do so before voting. Lucy Billingsley, Austin Ranch development - said they want to create the best neighborhood and they have to compete with Plano and Carrollton. Quality development is a significant part of that. She said impact fees are constructed to cover all aspects, noting that only a certain amount of development will be done and all will not be done in the first day. Ms. Billingsley said other cities have a track record that has worked and their fees are very acceptable. Councilman Kovatch suggested continuing the hearing until the September 29, 1997 meeting and then taking action on October 6, 1997. Mr. Hill advised that continuing the public hearing gives flexibility. He said the council can adopt the ordinance immediately following the closing of the public hearing. " Motion restated - continue the public hearing to October 6, 1997 - Stanwick; second - Dillard, carried with all members voting Aye. RESOLUTIONS: 3.3 Item pulled from agenda. No action on this item. 3.4 Encouraging the legislature to protect the way in which cities have been compensated for the use of municipal rights-of-way Motion to approve - Kovatch; second - Stanwick, carried with all members voting Aye. ORDINANCES: 3.5 Amending Chapter 5-24 relating to Animal Control Fees (Ord. # 97- 995). Chief Clark gave a brief history of this ordinance and the purpose for the amendment. Motion to approve as recommended- Kovatch; second - Stanwick, carried with all members voting Aye. OTHER ACTION ITEMS: 3.6 Approval of a 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 4 006682 northeast comer of the intersection of Memorial Drive and F.M. 423 (Main Street) Councilman Kovatch clarified that this doesn't affect any decision the council may make regarding a Specific Use Permit on this property and John Hill agreed. Motion to approve - Kovatch; second - Stanwick, carried with all members voting Aye. 3.7 Approval of a contract with C.W.D. for Recycling Services John Hill said he had sent the amended contract to Greg Roemer with C.W.D, but had not received his (Roemer's) comments in time for this meeting. The clean copy includes changes as outlined is his (Hill's) letter. He told the council they can approve the contract contingent to his final approval and if there are any substantial changes it will be brought back to them. Motion to approve contingent on City Attorney's f'mal approval, and with an additional stipulation that section D regarding program approved bin.q be deleted - Kovatch Councilman Kovatch clarified that the paragraphs setting out the formula for paying for the bins be deleted. He said he doesn't want to lock future councils into paying for bins. Councilman Longo said he thinks we should go to bins now. Councilman Kovatch said either way is frae, he just doesn't want the city to pay for them. Motion amended with regard to section D - to delete everything after the first sentence in paragraph 1 - Kovatch. Motion withdrawn for further discussion. Motion to approve as written, contingent on review and approval of our city attorney - Henville-Shannon. Councilman Kovatch requested that the motion be amended to go to bins now and to delete the appropriate sections. Motion amended to go to bins now - Henville-Shannon; second - Dillard, carried with the following roll call vote: Ayes - Longo, Henville-Shannon, Dillard, Kovatch, Watts Noes- Stanwick 4.0 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. Bid Awards: 4.1 Acceptance and award of bids for remodeling of the Utility Administration Building and approval of an ordinance authorizing contract for same Mr. Johnston explained that the lowest bid was $89,000 and only $44,000 was budgeted. He recommended moving the funds into Capital Projects so the funding won't be lost and then requested postponing action on the bids for 30 days so options can be reviewed. Councilman Longo said a better job can be done in-house. Motion to postpone to October 20, 1997 - Kovatch; second - Dillard, carried with all members voting Aye. 5 '006683 Other Action Items: 4.2 Authorize advertisement of bids for the purchase of police vehicles. Motion to approve - Dillard; second, carried with all members voting Aye. 4.3 Authorize renewal of a contract with Barbara Jean Regnold as Stewart Creek Park Gate Attendant Motion to approve - Dillard; second, carried with all members voting Aye. 4.4 Authorize renewal of a contract with Paul Stuckle as Municipal Court Judge. Motion to approve - Dillard; second, carried with all members voting Aye. 6.0 DISCUSSION ITEMS: 6.1 Signal Light at F.M. 423 and Cougar Alley. Mr. Lambert advised the city needs to make a formal request for TxDOT to do another traffic count and recommended the city do one of its' own. Councilman Longo suggested asking LISD to pay for 1/2 the cost. 9:20 p.m. 7.0 EXECUTIVE SESSION As authorized by Section 551.071 and 551.074 of the Local Government Code regarding litigation and personnel, to wit: B. Receive report from the Personnel Committee C. Litigation - Goody-Goody vs. City, et al D. Litigation - Burlington Northern Railroad 10:32 p.m. Reconvene in open session With no action to be taken as a result of the Executive Session and no further business to address, Mayor Watts adjourned the meeting at 10:33 p.m. APPROVED: Mary ~1air ~atts, Mayor ATTEST: Patti A. Hicks, City Secretary, TRMC 6