HomeMy WebLinkAbout12/15/1997 City Council 006768
MINUTES OF TIlE REGULAR CITY COUNCIL MEETING
HELD ON
DECEMBER 15, 1997
The REGULAR SESSION of the City Council of the City of The Colony, Texas, was
called to order at 6:30 p.m. On the 15th day of December, 1997, at City Hall, 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 Absent (Arrived 6:45 p.m.)
John Dillard, Councilmember Present
Dave Kovatch, Councilmember Absent (Arrived 7:20 p.m.)
And with five present a quorum was established and the following items were addressed:
6:34 p.m.
6.0 EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 AND
SECTION 551.074 OF THE LOCAL GOVERNMENT CODE, RELATING
TO PERSONNEL, TO-WIT:
A. Interview for Board Appointments
7:15 p.m. - Convene in open Session
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND
PROCLAMATIONS:
Invocation - Rev. Majean Zelle, Good Shepherd Lutheran Church
Presentation of the Colors and Pledge of Allegiance - Cub Scout Troop 226
1.1 MAYORAL COMMENTS:
The trolley was in the Christmas parade and firm numbers will be available by the
end of the month from SPAN on cost to have a system in The Colony.
The Mayor is going to Austin Wednesday to meet with the Transportation Policy
Directors regarding F.M. 423 improvements.
January 3, 1998, some members of council are going to New York City to meet
with bond rating companies in an effort to improve the city's bond rating.
· Mayor Watts wished Merry Christmas to all the council, presenting the women
with corsages and mixed nuts to the men. She cotnmended them for their hard
work and service to the community.
· Councilperson Longo announced that Trinity Medical Center is going to break
ground next year on a 35,000 square foot facility on Main Street to be named
"Trinity North".
1.2 MAYORAL PROCLAMATIONS:
Mayor Watts read the proclamation in its entirety declaring December, 1997, as
National Drunk and Drugged Driving Prevention Month and Friday, December 19, 1997,
as National Lights on for Life Day in The Colony.
Mayor Watts read the proclamation in its entirety declaring December 15, 1997 as
Bill of Rights Day in the Colony.
1.3 SPECIAL RECOGNITION:
· Gary McClure, President of The Colony Municipal Economic Development
Corporation read a Resolution of Recognition lauding the efforts of the Economic
Development Board of Directors for their work in bringing a golf course to The
Colony. Each member was presented with a copy of the resolution and a git~.
Those recognized were: Gary McClure, Sue Walden, Ronnie Fischer, Rick
Manser, Mary Watts, Dave Kovatch, John Dillard.
· Margaret Burkett, Human Resources Director, and Mayor Watts recognized the
following employees for their tenure with the city:
10 Years of Service - Pam Nelson
8 Years of Service - Alan Williams
3 Years of Service - Jackie Johnson, Kenton Nelson, David Cavins, Mike
Sloggett, Aaron Sessums
2 Years of Service - Sally Donlevy, Lonnie Richards, Stephen Green,
Bobby Davis, Eric Everson.
· Lt. Mike Carroll presented Officer Rex Lollar with the Life Saving Award, Gloria
Carver with the Civilian of the Year Award and Officer Bill House with the
Officer of the Year Award for the Police Department.
· Fire Marshal, Dave Wallace, presented Davy Sanchez with the Career Fire
Fighter of the Year Award and Steve Westerfield with the volunteer Fire Fighter
of the Year Award for the Fire Department.
· Mayor Watts presented Jim McCormick, Texas Utilities Electric, with a Key to
the City and thanked him for all his work in The Colony. Mr. McCormick has
been transferred out of The Colony's district. Mr. McCormick said without the
people this city could not do anything and stated The Colony has fantastic
employees.
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1.4 CITY MANAGER AND STAFF REPORTS
Harry Persaud, Planning Director, advised the sign ordinance is being revised and
will be on a January 13 agenda for Planning and Zoning. Two issues are to allow signs
on the athletic field fences and to include the 30-day time limit on political signs, which
was deleted earlier this year from the ordinance. Councilperson Stanwick asked if
electronic signs will be allowed. Mr. Persaud will check into that.
Pam Nelson, Parks and Recreation Director, advised of fee changes for Stewart
Creek Park and Hidden Cove Park, noting they have been reviewed and approved by the
Parks and Recreation Board and the Fees Committee. The Annual Permit will be $20.00,
an additional permit will be $10.00 and there will be a limit of one additional permit.
Ms. Nelson said the limit was put in place because it is believed that additional
permits were being purchased and then being sold or given to others outside the
household.
The sewer line "stub ins" for Stewart Creek Park should be in place in March or
April of 1998.
Lanny Lambert, City Manager, said there is a Special Session set for 6:00 p.m. on
December 29, 1997, to address matters relating to the Certificates of Obligations. He
said at 6:30 p.m. he and the council and spouses will go out to eat and celebrate the
holiday season.
Mr. Lambert also advised the January 5, 1998, meeting will have to be postponed
to January 12, 1998, due to the trip to New York.
There is a joint session with the City Council from Carrollton on December 18,
1997. This is a social gathering and there will be no business addressed.
1.5 CITIZEN INPUT
Jorge Diaz, 5809 Carroll Dr., representing the Quality of Life Committee,
reminded everyone to vote on January 17, 1998, for the 4A and 4B propositions, and that
early voting will be at City Hall December 31, 1997 through January 13, 1998. Mr. Diaz
asked the council to support these issues.
Drucilla Secor, 5212 Hawse, complimented the council on a good job and
encouraged people to vote Yes for 4A and 4B because we have a wonderful staff of city
workers, but we don't have enough to do all the work.
2.1 APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD
DECEMBER 1, 1997.
Mayor Watts noted she attended the Little Elm Council meeting not the school
board meeting on December l.
Motion to approve as amended - Kovatch; second - Dillard, carried with all
members voting Aye.
3.1 CONSIDERATION OF ACCEPTANCE AND AWARD OF PROPOSALS
FOR FIREWORKS DISPLAY TO BE HELD JULY 4, 1998 AND
APPROVAL OF AN ORDINANCE AUTHOP, IZING CONTRACT FOR
SAME
Pam Nelson advised two proposals were received but there has not been enough
time to review them fully. She recommended postponing the award.
Motion to postpone to December 29, 1997 and to add two items to that agenda -
Avey; second Henville-Shannon.
Councilmember Avey said the two items she wants are (1) amend the budget to
allocate $5,000.00 for the Special Events Board and (2) award the proposals.
Councilmember Kovatch asked why this could not be postponed until January 12, 1998.
Councilmember Avey said the contract needs to be signed by January. Pam Nelson
clarified it needs to be signed by the end of January. Councilmember Kovatch
recommended waiting until the 12th or 19"' because there is not sufficient grounds to put
this on the 29th agenda.
Motion carried with the following vote:
Ayes - Longo, Henville-Shannon, Avey, Dillard, Watts
Noes - Stanwick, Kovatch
3.2 CONSIDERATION OF A RESOLUTION SUPPORTING THE F.M. 423
TASK FORCE
Mayor Watts read the resolution in its entirety as follows:
WHEREAS, development along F.M. 423 through the City of the Colony and
north through other communities is increasing dramatically; and
WHEREAS, the City Council of the City of The Colony has initiated an effort to
accelerate improvements to F.M. 423 through the city limits of the Colony; and
WHEREAS, it is in the best interests of the citizens of The Colony and our
surrounding communities to support and encourage the placement of F.M. 423 on the
State's Long Range Planning program; and
WHEREAS, a coalition of The Colony, Little Elm, Frisco, Denton County and
other interested parties has been formed to ensure the needs of all citizens living along
this corridor are met; and
WHEREAS, the City of The Colony encourages the Texas Department of
Transportation to place the improvements to F.M. 423 through the city limits of The
Colony and north on the Long Range Planning Program;
NOW, THEREFORE, BE IT HEREBY RESOLVED THAT:
Section 1. The City Council of the City of the Colony supports the F.M. 423
Task Force.
Section 2. The City Council hereby encourages the Texas Department of
Transportation to place improvements to F.M. 423 on the long-range Planning Program.
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Motion to approve the resolution as read - Dillard; second - Kovatch, carried with
all members voting Aye.
3.3 CONSIDERATION OF A RESOLUTION SUPPORTING ADDITIONAL
MARINAS ON LEWlSVILLE LAKE
Mayor Watts read the following resolution in its entirety as follows:
WHEREAS, The Corps of Engineers has placed a moratorium on marinas on
Lewisville Lake; and
WHEREAS, the City of The Colony and the City of Little Elm requested this
moratorium be lifted two years ago; and
WHEREAS, existing marinas on Lewisville Lake are being allowed to expand
significantly at this time; and
WHEREAS, the City Council of the City of the Colony believe it is in the best
interests of the citizens of our community to encourage the lifting of this moratorium and
the development of more mar; las on Lewisville Lake;
NOW, THEREFORE, BE IT HEREBY RESOLVED THAT:
Section 1. The City Council of the City of the Colony encourages the United
States Army Corps of Engineers to lift the moratorium on marinas on Lewisville Lake
immediately.
Motion to approve as read - Longo; second - Kovatch, carried with all members
voting Aye.
3.4 CONSIDERATION OF RENEWAL OF A LEASE WITH DENTON
COUNTY FOR THE SENIOR CENTER FACILITY
Pam Nelson noted the final document has been prepared by the attorney and is
ready for council approval. Betty Horton, 5008 Shannon, incoming president of the
Senior Citizens of The Colony read a prepared statement noting the benefits of the Senior
Citizen Center to the City, SPAN and other groups. She named some of the activities at
the center and advised it is sometimes used by other non-profit groups. Ms. Horton
praised Ms. Nelson for her help in coordinating use of the facility. She said the Senior
Citizens appreciate the center. Ms. Horton advised this covers item 5.1 on the agenda.
Motion to approve the lease - Stanwick; second Dillard, carried with all members
voting Aye.
3.5 CONSIDERATION OF APPOINTMENTS TO ADVISORY BOARDS
Motion to reappoint Robert Poynter, Gary McClure, Gerald Odum and Rob
Bauman to BOAA Stanwick; second - Dillard, carried with. all members voting
Aye.
Motion to reappoint Susan King, John Sanders, and Laura Bickerstaff to Parks and
Recreation Board - Dillard; second Kovatch, carried with all members voting Aye.
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Motion to reappoint James Althaus, Sandri Gehrki and Sue Parks to the Library
Board - Kovatch, second - Longo, carried with all members voting Aye.
Motion to reappoint Diana Kruzich to the Library Board - Stanwick; second
Longo, carried with all members voting Aye.
Motion to reappoint DeVille Hubbard and to appoint Joseph Arteritano, Sondra
Calhoun and Dee Hughes to Planning and Zoning - ltenville-Shannon; second -
Avey. Councilperson Dillard nominated John Anderson. The vote was as follows:
Hubbard - Ali Ayes
Arteritano - No- Stanwick, Dillard
Aye - Longo, Henville-Shannon, Avey, Kovatch, Watts
Anderson- Aye- Dillard, Stanwick
No - Longo, Henville-Shannon, Avey, Kovatch, Watts
Calhoun - All Ayes
Hughes - All Ayes, except Kovatch, who abstained.
Motion to appoint Kathy Ferguson and Ray Reyes to Special Events - Henville-
Shannon; second - Longo, carried with ali members voting Aye.
3.6 CONSIDERATION OF APPROVING TRAVEL REIMBURSEMENT TO
COUNCILMEMBER DAVE KOVATCH IN THE AMOUNT OF $1,273.89.
Councilmember Kovatch explained that he was in Philadelphia the first week of
December attending the National League of Cities' "Congress of Cities".
Motion to approve - Dillard; second Henville-Shannon, carried with ali members
voting aye, except Kovatch, who abstained.
3.7 CONSIDERATION OF APPROVAL OF A DEVELOPER'S AGREEMENT
WITH BILLINGSLEY DEVELOPMENT CORPORATION REGARDING
THE AUSTIN RANCH DEVELOPMENT
Councilmember Kovatch requested that a roll call vote be taken on each
stipulation placed on the motion this evening. Mayor Watts advised there are attorneys
waiting and suggested the council go into executive session before addressing this item.
Councilmember Kovatch suggested council just approve this item and move on.
Motion to approve as written - Kovatch; second - Dillard.
Councilmember Longo said we need to go ahead with this item because the
developers have been here so many times. Mayor Watts opened the floor to citizen input.
John Sanders, 6083 McAfee, supported the park land portion of the agreement in
which the developer gives the city cash in lieu of park land. He said that is the wise
choice to make.
Susan King, 5013 Aztec, supports the cash up front in lieu of park land
dedication. She did recommend taking out the reference to the water tower in regard to
the park land dedication ordinance. She said the $1 million needs to be delivered upon
signing this agreement and annually after that. On the last page, last line; take
"anticipated" out in regard to the hike and bike trail.
Mayor Watts then read written comments from Laura Bickerstaff and Scott
Calabro, each of who are in support of the cash payment up front in lieu of park land
dedication.
Richard Kamen, 7508 Lakeland, said he supports the Austin Ranch development.
He said the projected revenue is less now than when the developer first came to the city
with their plan. We do have to provide water to Austin Ranch, but a water tower is not
needed until they begin building. He suggested a performance bond is put in place in
case they don't build, the city is not out the money for the water tower. Our Fire Chief
has said there is no reason for a fire station on the property now. We should not give a
discount on impact fees. He said he believes the sales tax election is a good idea.
Mayor Watts said this agreement has been in the works for sometime and stated
she would allow Mr. Lambert's comments then give each Councilmember 3 minutes to
make their comments.
Mr. Lambert recommended the council vote yes or no tonight. He said this is not
a give away; not one penny of tax payer's money that will not be reimbursed. We will be
giving zero to this project. He said in other cities with projects of this size, they (city)
would spend a lot of city money to participate. The water tower and sewer service all
will be paid back through impact fees. He said this is a rare developer's agreement,
noting that surrounding cities have spent millions to participate in large projects, i.e.,
Grapevine for Grapevine Mills. He said this is a good investment for our city. He said
the city could not borrow money to pay for the water tower so we asked the developer to
pay up front and they agreed. He said staff recommends adoption tonight as amended.
Councilmember Longo acknowledged that Lucy Billingsley offered to meet with
him and he thanked her for that. He said he supports the city manager, but he has a
severe problem with this deve!oper.
Councilmember Hen¥ille-Shannon said she wants Austin Ranch to get started.
She agreed with getting a performance bond to cover the cost of the water tower; and
expressed concern over the time frame for building the fire station, stating that the
agreement locks us into building the station even though according to the Fire Chief it is
not needed now. She asked that the time frame be deleted from the agreement. She still
disagrees with "grandfathering" of impact fees because it sets precedence today and
(attempts to) predict the future. She wants a time limit of 2-5 years not 30 years or the
duration of the project. She said she agrees with some of Lucy's comments. (Ms.
Billingsley had faxed some changes to city hall earlier this date).
Councilmember Stanwick said the agreement has been two years in coming, with
intense negotiations over the past 6 months. He said nothing is perfect but thinks
everyone has done a good job on this and that he intends to support it as it is written.
Councilmember Avey said she has questions on several pages and proceeded to
state her concerns as follows:
1. Page 1, #5 - will be provided for and/or by Austin Ranch
2. Page 2, Art. 1. Section 1 - Change Developer to Development
3. Page 3, They intend to dedicate 10 acres and if not developed in 8 years
they will donate money in lieu of land. Mrs. Billingsley has asked for an
amendment. The Ordinance in place at that time should be used.
4. Page 3, #1 (a) Disregard any remarks regarding of the water tower and
insert a date, whether it be the date of this contract or twelve months.
5. Page 4, #2 - Effective date of this agreement should be added.
6. Article 3 Section 3.1 - specification of a pedestal water tower should be
deleted. We should build what is needed at the time.
7. Section 3.1 C - Developer should not be given any rights to participate in
design construction of water tower other than those allowed by Roberts
Rules of Order.
8. Time frame for construction of fire station should be deleted.
9. Page 8 - B 1 - Date of 1996 should be changed to 1997
Councilmember Avey said there are still amendments coming from the developer,
therefore, she does not think the agreement should be approved at this time.
Councilmember Dillard thanked the Billingsleys, Mayor Watts, Councilmember
Avey and the city manager for the hours of work on this agreement. He said there are
checks and balances for both parties, reminding everyone that it can be amended or
terminated if necessary. He continued stating we have not spent any money south of 121
to date and that we need to look at the positives.
Councilmember Kovatch said once the water tower is built, the city will get a $1
million letter of credit, which is a performance bond. He said we will need the fire
station within 18 months if 5,000 people are living there. He said this has been a long
time coming and believes the city needs to go forward with the agreement.
Councilmember Avey said she does not agree with reducing impact fees. She
said she wants the agreement, but just because she sat on the committee, doesn't mean
she agrees with everything and she is just pointing out her concerns.
Councilmember Henville-Shannon asked for the city manager's feedback on Lucy
Billingsley's comments. Mr. John Hill, city attorney, said he has discussed them briefly
with Lanny and agrees generally with all of them. They are as follows:
1. When the agreement is signed, the developer provides $1 million letter of
credit to the city and will pay the cost, not to exceed $10,000.
2. After 8 years, if the hike and bike trails are not built, they will give the city
cash.
3. The developer wants to review the documents in terms of the water tower
construction.
4. Change the timing on water tower from 15 months to 13 months.
5. Will give one acre for a fire station.
6. 50% impact fee so the developer and the city a~e paid off at the same time.
The city makes more interest.
7. Don't hold the developer to the development schedule.
Lucy Billingsley thanked all involved for the process. Councilmember Avey
clarified that the motion includes Lucy's proposed changes.
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Motion amended to include the stipulations recommended by the city manager as
proposed by Lucy Billingsley - Kovatch.
Councilmember Kovatch asked Ms. Billingsley if she agrees to strike the word
"anticipated" on page 4. Ms Billingsley agreed. He asked her if she agrees to raise the
limit of S,000 population to 7,500. Ms. Billingsley said that was a city suggestion so she
will go with the city's recommendation. Councilmember Kovatch again clarified that his
motion is to approve this agreement as written with the two above changes and the
stipulations in the December 12 memorandum from Mr. Lambert.
Amendment to the motion seconded - Dillard
Councilmember Stanwick said he wants the developer to finish the hike and bike
trails. The agreement states the developer will give the city money if the trails are not
finished in eight years. Mr. Lambert said 8 years is the city's time frame, not the
developer. Councilmember Stanwick said he will accept the motion as is, with the
understanding that this be looked at when this agreement is reviewed again.
Mayor Watts advised that Councilmember Longo has requested using the written
ballot on this item.
John Hill suggested the motion include final review of the agreement by the city
manager and the city attorney.
Motion amended to reflect above statement and seconded. Written ballots taken;
results as follows:
Ayes - Henville-Shannon, Stanwick, Watts, Dillard, Kovatch
Noes - Avey
Abstain - Longo
8:45 p.m.
6.0 EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 AND
SECTION 551.074 OF THE LOCAL GOVERNMENT CODE, RELATING
TO LITIGATION AND PERSONNEL, TO-WIT:
A. JWV v. CITY OF COLONY
B. GOODY-GOODY v. CITY OF COLONY
C. OFFICE CREEK v. CITY OF COLONY
D. BNRCC v. CITY OF COLONY
E. GIBSON v. CITY OF COLONY
F. CONSULTATION WITH CITY ATTORNEY CONCERNING
CONTEMPLATED LITIGATION REGARDING ANNEXATION
6.1 CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS
A RESULT OF THE EXECUTIVE SESSION - None
11'10 p.m. Reconvene in open session. --
With no further business to address, Mayor Watts adjourned the meeting at 11:12
p.m.
APPROVED:
0/' ~(/lar~) l~lair ~raits, Mayor ' -
ATTEST:
Patti A. Hicks, T~C, City Secreta~