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HomeMy WebLinkAbout10/20/1997 City Council OOG7! MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL HELD ON OCTOBER 20, 1997 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:35 p.m. with the following council roll call: Mary Blair Watts, Mayor Present Bill Longo, Councilmember Present Bernetta 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: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATION: Call to Order Invocation - Michael Weaver, Lakeway Baptist Pledge of Allegiance Mayoral Comments: Early Voting for the November 4, 1997 Constitutional Amendment election has begun. October is Breast Cancer Awareness Month- Trinity Hospital has opened a women's center to assist women going through chemotherapy. A board is being appointed to address proposed water planning legislation. Commissioner Sandy Jacobs initiated getting The Colony in the latest North Texas Commission publication. Texas Municipal League Conference is October 29 - November 1 in Ft. Worth. Be sure to see the Sister City information provided there. Advisory boards' terms expire December 31, 1997. Any interested persons should contact the City Secretary's office regarding applications. The council needs to decide whether the city should continue its membership in the Texas Coalition of Cities on Franchised Utilities. The Colony's National Night Out event won a national award. Councilman Longo announced that The Colony is now found on the Texas Commerce Connection (internet) thanks to Lisa Leafy. Councilman Kovatch asked for persons to help him work with U.N.T. in establishing a satellite campus in The Colony. Councilman Henville-Shaunon announced that 5-6 computers are being donated to the Boys & Girls Club by an acquaintance of hers. Mayoral Proclamation declaring Professional Women's Week - Mayor Watts read the proclamation and Diana Timmons accepted it, after which she invited business women in The Colony to attend their breakfast on Friday, October 24, 1997. Presentation of Budget Award - Tony Johnston, Finance Director, introduced his staff: Gwen Mansfield, Accounting Manager; Becky Betancourt and Alice Pitts. Mr. Johnston presented them with the Government Finance Officer's Association Budget Award. This is the 4th consecutive year the city has received this award. Mr. Johnston said it is due to the hard work of the entire staff. City Manager and Staff Reports - Pat Dunlap, Public Services Director: 1. The signal light at S. Colony and Paige is installed and operational. 2. City wide clean up is set for 8:00 a.m. to 2:00 p.m. November 15, 1997. Drop off sites are to be located at: Little League complex and the Public Works building on N. Colony. Hazard waste, chemicals, tires, batteries and anti-freeze will not be accepted. 3. Phase 1 of the sludge building is complete and aeration should be done in November. Councilman Longo suggested people show proof that they are citizens of The Colony before being allowed to unload. Mr. Dunlap said that will be done. Mr. Dunlap further advised all brush should be taken to the Public Works facility on N. Colony. Councilman Henville- Shannon asked that Christian Community Action be contacted so they can take any worthwhile items being dropped off. Lanny Lambert, City Manager: 1. A land agent for Wal-Mart is going to deliver the proposed developer's agreement to City Hall tomorrow and it will be on the November 3, 1997 council agenda. 2. Texas Municipal League Conference - the city van will be going Thursday and Friday. Anyone wishing to ride, please contact Mr. Lambert. Mayor Watts - The Leadership Breakfast will be from 7-9a.m. on Thursday, October 30, 1997. 5.1 OLD BUSINESS Mr. Lambert gave updates to some items on the Old Business Report. Citizen Input - None 2.1 DISPOSITION OF MINUTES: Approval of the minutes of the council meetings held September 22 and 29, 1997 Motion to approve as written - Stanwick; second - Dillard, carried with all members voting Aye. 3.0 REGULAR AGENDA: PUBLIC HEARINGS: 3.1 Public Hearing: Replat of Lots 6-8, 10, 11, 13 and 14, Block B and Lot 2 Block C of Water's Edge Addition located in Denton County and with the Extraterritorial Jurisdiction 2 0067.23. of the City of The Colony Motion to open the public hearing - Stanwick, second - Dillard, carried with all members voting Aye. Harry Persaud, Planning Director said in June, 1997, the final plat for 43 lots was approved for this subdivision, however, in further review, the slope of certain lots was found to be too steep, thereby requiring a replat to provide rear access to those lots. Mr. Persaud said the request meets all the city's requirements and staff does recommend approval. Greg Edwards, 300 N. Carroll, Denton, civil engineer for this project, answered the questions from the council. David Parent, owner, said the covenants and requirements in the homeowner's association are very restrictive and that maintenance will be required. Mr. Parent said they hope to begin building homes in 3 - 4 months, noting they will be $300,000 plus and build on 1/2 acre lots. Councilman Henville-Shannon asked if they had ever considered coming into The Colony. Mr. Parent said they did but the lots are more expensive than lots in the City and it would make financing of those lots difficult. Mr. Parent said things are changing in The Colony and that annexation may be considered again in the future. Mr. Lambert said if the council ever chooses to annex, it would be easier if done before the homes are built. He said staff will prepare a report on this matter and noted it would be in the best interest of the city to annex this area. Mr. Parent said he understands that but if that happens now, it will kill the project. He said he hopes that matter can be left for a future council (to consider). Mr. Parent further clarified, stating the appraisals of the property would not be high enough for financing purposes if the property was annexed into the city. Motion to close the public hearing - Dillard; second - Henville-Shannon, carried with all members voting Aye. ORDINANCES: 3.2 Amending Appendix A- Zoning of the Code of Ordinances of the City of The Colony by granting a Specific Use Permit for a beverage store in the General Retail (GR) district for the off-premise sale of liquor, including beer and wine at the below location Main Street Marketplace Intersection Memorial Dr and F.M. 423 (Ord. # 97-999) Motion to approve the ordinance as written - Kovatch; second - Dillard, carried with all members voting Aye. OTHER ACTION ITEMS: 3 00672;t 3.3 Approval of a final plat for Stewart Peninsula, Cottonwood Springs Phase 2 Mr. Persaud advised that the preliminary plat was approved in 1994 and the developer is now ready to develop phase 2. He said the f'mal plat meets the requirements of the city and Planning and Zoning and staff recommend approval. Mr. Persaud advised the council that he is working with staff and the development community to streamline the development process. He said he will ensure that all plats are complete and accurate before they are presented for signature. Motion to approve the f'mal plat as presented with P & Z and staff stipulations - Dillard; second - Stanwick, carried with all members voting aye. 3.4 Approval of a f'mal plat for Ridgepointe, Phase 3 Mr. Persaud noted there were several staff stipulations and noted that many of them have already been completed. He said he will be sure they are on the plat before it is signed. Staff recommends approval. Councilman Stanwick asked that street names be the same from one end to the other and not have a name change in the middle of a street. Mr. Persaud said that can be done. Councilman Kovatch asked Mr. Persaud to research if the city should continue to accept land donated by developers. Motion to approve the preliminary plat as presented with stipulations and street names changed to be consistent, (subject to approval of the planner) - Stanwick; second - Dillard, carried with the following roll call vote: Ayes - Longo, Henville-Shannon, Stanwick, Dillard, Kovatch, Watts Noes - Avey 3.5 Approval of a preliminary plat for Ridgepointe, Phase 5 Mr. Persaud stated that staff does recommend approval of this preliminary plat. Councilman Avey questioned the request for an 800' cul de sac, stating our minimum is 600'. Mr. Persaud explained that our minimum conflicts with the design standards and that there is no variance procedure in place. He said staff recommends approval in this case because the configuration of the land requires a longer cul de sac. Councilman Avey said one was approved in Stewart Peninsula and a traffic calmer was required. Councilman Longo suggested that the council go with Mr. Persaud's recommendations noting he (Persaud) has found loose ends in our procedures and the council should go with his recommendations. Councilman Stanwick asked that streets be standardized in this plat as well and stated the cul de sac in Stewart Peninsula was entirely different than this one. Motion to approve with staff stipulations and street names consistent - Dillard; second - Stanwick, carried with all members voting Aye. 4 006723 3.6 Approval of nominee to serve on the Denton Central Appraisal District Appraisal Review Board Due to confusion between this matter and the appointment to the Denton Central Appraisal District Board of Directors, this matter was postponed. The City Secretary will clarify. Motion to postpone - Kovatch; second - Dillard, carried with all members voting Aye. 3.7 Authorize budget amendment in the estimated amount of $23,950.00 to purchase a tanker for the Fire Department Chief Morrison noted the amount is $25,750.00 instead of $23,950.00. Motion to authorize as presented - Stanwick; second - Kovatch. Mr. Lambert said this was authorization to purchase the tanker and that he will bring the financing back to the council for approval at a later date. Motion carried with all members voting aye. 3.8 Discussion and appropriate action in regard to the proposed Regional Wastewater Facility Mr. Lambert summarized the three options presented at the October 13 work session: (1) Retain existing wastewater treatment plant - operations and capital - $17,775,853.00 (2) Abandon existing plant, build a lift station and line to Frisco and immediately join the regional system - cost over 10 years - $17,850,674.00 (3) Retain existing plant - send growth to regional system - cost over 10 years - $14,272,553.00 Mr. Lambert recommended the council to authorize negotiations with North Texas Municipal Water District a contract for Option No. 3. Councilmember Stanwick said he is not sure between Options 2 and 3. Councilmember Dillard said he likes Option 2 because the city can get out of the wastewater business. Councilmember Avey is in favor of Option 3. Councilmember Henville-Shannon favors Option 3, stating it gives the city a trial period, noting the city has no voice on the board of the regional system and advised that we proceed with caution. Councilmember Kovatch said it is hard to let NTMWD take over the plant. Councilmember Dillard said there are 64 cities in this organization (NTMWD) with five board members. He said none of these cities are unhappy. Councilmember Dillard continued, we need to get into this system, because we are going to have to spend more money on our plant. Motion to authorize the city manager to negotiate a contract with NTMWD for Option 2 - Dillard; second Stanwick. which failed with the following roll call vote: Ayes- Stanwick, Dillard 00672'J Noes - Longo, Henville-Shannon, Avey, Kovatch, Watts Councilmember Stanwick said over 20-30 years, option 2 is the least costly and said we should not be looking at just 5-10 years. Councilmember Longo asked who maintains the lines. Councilmember Henville-Shannon said the regional serves as administrator of our plant and the city will maintain the lines. She said the city has 3.5 mgd now and if we give it up we will have to buy the same capacity from the regional, which means we will be paying for it twice. Councilmember Avey said the Mayor appointed a committee (Henville-Shannon, Stanwick, Avey) to study this matter and the committee has not made a formal recommendation. Councilmember Avey said Committee member Henville-Shannon and herself are in favor of Option 3 and committee member Stanwick is in favor of Option 2. Motion to authorize the city manager and the committee to negotiate with NTMWD for a contract on Option 3 - Kovatch; second - Henville-Shannon, carried with a unanimous roll call vote. 3.9 Approval of amendment to developer's agreement with Club Fore Driving Range Mr. Persaud gave the background of this issue. He said this will allow access to the driving range and to the city's lift station. Motion to approve - Kovatch; second - Dillard. Mr. John Hill, City attorney, explained that the agreement is not with Club Fore, but with North Street Developmenet, however, since the matter deals with access to Club Fore and both parties, the city and the property owner, are present and everyone understands the issue, it is appropriate for the council to go ahead and address this matter. Mr. Hill said to be sure there is clear title on the property. Motion amended to include requirement for clear title - Kovatch; second - Dillard, carried with all members voting Aye. 3.11 Public Hearing continued from October 6, 1997 regarding proposed amendment to water and wastewater impact fees and establishment of impact fees for thoroughfares Motion to reopen the public hearing - Kovatch; second Stanwick carried with all members voting Aye. Mr. Lambert gave the council his recommendation as follows: Water and wastewater for Single Family and Multi Family - 25%-50% Water and wastewater for Commercial Business/Retail - 75% He proposes no impact fees on Thoroughfares at this time. Mr. Lambert said the city has -- 6 never built a street and if we adopt an impact fee for thoroughfares, it implies we are going to build streets some day. Mr. Lambert said this will make the city competitive with surrounding cities. Councilmember Stanwick asked a different percentage can be charged based on meter sizes, i.e. 75% under 6" and 100% over 6". Mr. John Hill, city attorney, said he was not sure that can be done. Mr. Hill reminded council they have 30 days to act on the ordinance after they close the hearing. Motion to close the public hearing Kovatch; second - Longo, carried with the following vote: Ayes - Longo, Henville-Shannon, Stanwick, Avey, Kovatch, Watts Noes - Dillard 3.12 Amending impact fees for water and wastewater and establishing impact fees for thoroughfares (Ord. #97-1000) Mayor Watts stated the council would discuss impact fees for thoroughfares first and limit discussion to that topic only. Motion to adopt zero (-0-) impact fees for thoroughfare - Stanwick; second - Dillard. Mr. Lambert noted the proposed ordinance reflects impact fees based on use; now we are proposing to base fees on meter size and asked the City Attorney if it needs to be amended before adoption. Mr. Hill said the ordinance will adopt the capital improvements plan and the ordinance is probably acceptable. He will discuss it with Hal Jones. Mr. Hill also reminded the council that impact fees are imposed for off-site improvements only, not improvements within a subdivision. Improvements outside the subdivision can be addressed through developers' agreements, noting a developer cannot be required to pay for them. Councilmember Dillard reminded council that following closing of the public hearing, we have 30 cays to enact the ordinance. Councilmember Kovatch asked Councilmember Stanwick to withdraw his motion and for council to direct the city manager to have the ordinance corrected and brought back to the council so we can see exactly what is being approved. Motion withdrawn - Stanwick; second withdrawn Motion to postpone for final action on this matter until November 3, 1997 - Stanwick. Counciimember Dillard said he wants some clarification on the numbers before this item is postponed. Second - Kovatch 7 Councilmember Avey clarified her hand-out for the council and said she has several questions on the ordinance itself, which she would like to discuss either in a special or work session. Mayor Watts suggested Councilmember Avey get with the city attorney or the city secretary as soon as possible so the updated information can be given to the council by Thursday. Motion amended to postpone action on thoroughfare impact fees to November 17, 1997 so everyone has time to review any changes - Stanwick. Councilmember Kovatch stated if postponed to November 17, there is no other option because action would have to be taken at that time. Councilmember Kovatch expressed concern about zero impact fees for thoroughfares because the city may have to build on Paige Rd. and suggested 25% across the board. Mr. Lambert said that matter can be handled through a developer's agreement. Councilmember Avey asked if the council can meet on October 27 to discuss this matter. Councilmember Kovatch said we need a clean ordinance and suggested that any changes from council should be put in writing prior to the meeting so all council can see them. Mayor Watts said we have discussed setting a routine and asking developers to hold to that routine. The charter calls for council meetings on the fkst and third Monday, and have been meeting every Monday night for the past several weeks. Mayor Watts said we need to do business on the first and third and conduct our business they way we expect the developers to do. Councilmember Stanwick said he amended it to the 17th was to give time to prepare a clean ordinance. The council can come up with percentages tonight. Rather than limiting staff and attorney to the 3rd, give them until the 17th so they have time. The council will see the -- ordinance ten days prior to the meeting anyway. Second to motion to postpone action to November 17, 1997 - Longo. Motion restated, "Motion to postpone action on thoroughfares only to November 17, 1997". Councilmember Kovatch suggested getting final numbers and f'mal ordinance on November 3 for discussion and then action on November 17, 1997. Motion carried with all members voting Aye. Mayor Watts asked for consensus on percentages on water and wastewater. Councilmember Kovatch said there was no consensus for impact fees on thoroughfares. Following is consensus on that matter: Zero - Longo, Kovatch, Dillard, Henville-Shannon, Stanwick; 100% - Avey. Motion to postpone action on impact fees for water and sewer until November 17, 1997, with discussion on November 3, 1997 - Kovatch; second Henville-Shannon, carried with the following vote: Ayes - Longo, ltenville-Shannon, Stanwick, Avey, Kovatch, Watts Noes - Dillard 8 Mayor Watts asked consensus on the percentages on impact fees for single family/multi - family and Commercial which was as follows: Single Family/Multi-Family Commercial/Retail/Business Longo 40% 100% Henville-Shannon 40% 75% Stanwick 35% 100% Avey 50% 100% Dillard 15% 50% Kovatch 40% 75% Watts 40% 75% Mr. Lambert clarified that this matter will be discussed on November 3 with action on November 17, 1997. Councilmember Avey stated the ordinance establishing meter sizes/maximum density needs to be passed at the same time. Mr. Lambert stated that ordinance could take 2-3 months to prepare and would need P&Z input. 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. ORDINANCES: 4.1 Acceptance and award of bids for the purchase of police vehicles Councilman Avey pulled this item and asked for justification for purchasing an extended cab truck for the Animal Control department. Chief Clark explained this is to store tolls, catch pole, etc. Motion to approve as written - Kovatch; second - Dillard, carried with all members voting Aye. 4.2 Consideration of a Resolution authorizing the renewal of interiocal agreements with Denton County for Fire Protection and Ambulance Service Motion to approve as written - Longo; second - Henville-Shannon, carried with all members voting Aye. 4.3 Consideration of a Resolution authorizing renewal of a Cooperative Purchasing Agreement with Denton County 9 00672 Motion to approve as written - Longo; second - Henville-Shannon, carried with all members voting Aye. 4.4 Consideration of renewing a contract with Metrocrest Medical Services for Medical Control Motion to approve as written - Longo; second - Henville-Shannon, carried with all members voting Aye. 6.0 DISCUSSION ITEMS: 6.1 Presentation of the possibility of using a portion of the Boys & Girls Club located in the 5200 block of S. Colony Blvd. as a police store front Chief Clark made a presentation to the council regarding using this space and thanked Councilman Longo for his assistance in this matter. Councilman Longo said the Boys & Girls Club has said the police department can move in whenever they want to and they understand there is no lease, which means they can move out when they want to. They also understand the police officers will not be babysitters. There was council consensus to move forward with this project. 9:35 p.m. Recess 9:50 p.m. Reconvene 3.10 Authorize reimbursement of travel expense to Councilmember Bernetta ltenville- Shannon for her attendance at the Texas Dept. of Community Affairs seminar in Austin in the amount of $198.98 Councilman Henville-Shannon gave a brief overview of the seminar and asked Mr. Lambert to assign a staff member to chase grants. Motion to approve as presented - Kovatch; second - Avey carried with the following roll call vote: Ayes - Longo, ltenville-Shannon, Avey, Kovatch, Watts Noes- Stanwick Abstain - Dillard 11:00 p.m. - Recess 11:05 p.m. - Convene in Executive Session 7.0 EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551 OF THE LocAL GOVERNMENT CODE RELATING TO LITIGATION, TO-WIT: A. OFFICE CREEK CORPORATION V CITY OF THE COLONY, MARY B. WATTS, 10 00672 9 BILL LONGO, DAVID KOVATCH AND WILMA AVEY B. LEASE]PURCHASE OF REAL PROPERTY C. CITY OF THE COLONY V GIBSON 11:50 p.m. Reconvene in open session 7.1 CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION - None With no further business to address, Mayor Watts adjourned the meeting at 11:51 p.m. APPROVED: ~' Mary B~air W~tg Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary 11