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HomeMy WebLinkAbout02/02/1998 City Council 00680,, MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON FEBRUARY 2, 1998 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the 2nd day of February, 1998, 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 Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present And with seven present a quorum was established and the following items were addressed: Invocation - Pastor Bruce Scofield - First Baptist Church, The Colony Presentation of the Colors and Pledge of Allegiance -Boy Scout Troop 133 1.1 MAYORAL PROCLAMATIONS Declaring February 1 - 7, 1998 as "SCOUTING ANNIVERSARY WEEK" MayorWatts read the proclamation and presented it to Troop 133. Declaring "NATIONAL CHILD PASSENGER SAFETY WEEK" Mayor Watts read the proclamation, which will be mailed to Texas Department of Transportation. 1.2 MAYORAL COMMENTS -') There is a meeting on February 25, 1998 in Ft. Worth sponsored by the Legislative Committee Regarding Telecommunications. She requested the Telecommunications Board members to attend. -'> Members of the Council are invited to tour the DeSoto city hall with the city manager on Friday afternoon. '-> The bench trial for the Goody-Goody lawsuit was held on January 26. The judge should render her decision by next Monday. "> A work session will be held at 6:00 p.m., prior to the February 23 council meeting to discuss council goals and objectives. Subsequent meetings may be necessary. ") The next council meeting is February 23, 1998 and will start at 6:00 p.m. The March 2, 1998 meeting will begin at 6:30 p.m. also to discuss council goals and objectives. 1.3 CITY MANAGER AND STAFF REPORTS · -) The DeSoto city hall was a Safeway store and was converted 5 years ago. The van will leave about 3:30 p.m. on Friday. ") We will discuss recycling and solid waste services at the 6:00 p.m. work session on February 23, 1998. ") Pat Dunlap reported on the street overlay project in the Eastvale area, which is to begin this week. -') Bids are in process for the water and sewer line materials, the bore under 423 and roof repairs. -) The plans for the traffic light at Cougar and F.M. 423 have been sent back to TxDOT. They have asked that we not bid the project until they approve. Hopefully the light will be in place by the '98 Fall school year. -') Candace Davis is the new Recycling Coordinator -) Plans for the Eastvale area water line replacement are being done now. Plans for the water towers have not yet been authorized. · -) Police Chief Joe Clark presented the 1997 Annual Report for the police department. 8:00 p.m. Councilman Kovatch left the meeting 1.4 CITIZEN INPUT Steve Wohr, a Lake Dallas City Councilmember, addressed the council, stating that our cities share the lake and that he understands what a hard job being a Councilmember is. He said he has relatives in The Colony and believes the city provides good services. Mr. Wohr also advised he is a candidate for County Court at Law No. 2 and he encouraged everyone to look carefully at the candidates and to get out and vote. 3.0 REGULAR AGENDA 3.2 Consideration of approval of the preliminary and final plats for the Wal-Mart Addition Harry Persaud reminded the council that they had approved the preliminary and final plats and site plan for Wal-Mart in November, 1997. He reviewed the comments made at that time. The preliminary and final plats proposed tonight are for seven lots; adding one additional lot on the S.H. 121 frontage and dividing one lot into lots. The request is made so Wal-Mart can enhance the value of their property to cover unforeseen expenditures connected with this development. Mr. Persaud requested that both items 3.2 and 3.3 be discussed together since they are closely related. He said the site plan meets all requirements of the city, the S.H. 121 Corridor Guidelines, Ordinances, etc. The traffic study has been completed and Mr. Persaud explained some of the points of the study. One driveway cut is not properly placed, however, it was approved by council in April or May of 1997. Wal-Mart is going to take it out and repave it. Mr. Persaud then covered the P&Z stipulations. 00680 He said stipulation number 1 can be deleted. Stipulation 2 and 3 should be kept in place. Stipulation 4 regarding left turn lanes on S.H. 121 would require approval from TxDOT. He suggested alternative ways of getting in and out of the site. He said there is almost never a restriction on left turn lanes. He recommended deleting Stipulation 5 and add Stipulation 6 to require Wal-Mart to install a traffic signal at the intersection of Memorial Drive and F.M. 423. The city will participate in 50% of the cost. Mr. Persaud said P&Z was concerned about the intensity of the lighting on the site, however, after reviewing, staff recommends approving as proposed. Councilmember Stanwick said the two fire lanes dead end at the easement and asked if one of them could be extended north once Memorial Drive is extended westward, to provide another entrance and exit to the property. Tom Galbraith, Wal-Mart, .responded, stating that they would be pleased to see that road go into Memorial. He said crossing the 36" water line from Dallas might be a problem. Councilmember Stanwick said one of his biggest concerns was the first entrance to the site and asked what the projected traffic impact is. Jeremy Windham, traffic engineer, said the first driveway will probably not be perceived by drivers to be right in front of the store, and the solid white line will discourage people to use that as the entrance. Mr. Windham said any barrier other than the solid white stripe would make it illegal to make that turn, noting that the turn is allowed now and it is not recommended to block it completely. Mr. Windham said the projected traffic count in peak times, for all three driveways, is about 150 vehicles per hour. Councilmember Stanwick asked if the mutual access easement will be available once Kenepak Rd. is abandoned. Mr. Persaud said Centex is agreeable and would get something in writing from them. Councilmember Avey asked for clarification on driveways. Mr. Persaud said one is already on ground and three more are requested. He said the variance is for four driveways. Motion to approve preliminary and final plat with stipulation that plans be approved by the city engineer - Stanwick; second - Dillard, carried with all members voting aye. 3.3 Consideration of approval of the site plan for the Wal-Mart Addition Mayor Watts said Wal-Mart needs a commitment from the city with regard to the 50°,4 participation in the installation of the signal light. Mr. Galbraith said Wal-Mart doesn't care about the details of where the money will come from but does need the assurance of the 50°,4 participation. Motion to approve the site plan with the stipulation regarding the traffic signal at Memorial and 423 and allowing the four access cuts at 121 as shown on site plan and submission of plans to the city engineer- Stanwick Mr. Persaud asked if this motion includes the city's 50% participation in cost. Councilman Stanwick said that would take a budget amendment, but it is a commitment that the light will be there. Mr. Persaud asked the council to direct the city manager to explore methods of funding. Mr. John Hill agreed that a budget amendment is not on the agenda, but this could be included in the existing developer's agreement with Wal-Mart, by amending that agreement. Mayor Watts suggested that the 4A board use their funds to pay for that project, but Wal- Mart needs to know that someone will handle 50% of the cost other than Wal-Mart. oUGSO i Councilmember Stanwick said he doesn't want to tie financial arrangements to the approval of a __ site plan. Mr. Lambert said he doesn't intend this to be a budget amendment, it could be paid by the 4A board or by impact fees. Motion amended - to approve the site plan, with Wal-Mart paying 50% and the city participating in the cost of the signal light at Memorial Drive and F.M. 423, engineering plans to be submitted and all other stipulations being deleted - Stanwick. Mr. Persaud clarified that the city will participate in 50% of the cost of the signal light. Further discussion followed about screening, tree size. Clarification of P&Z stipulations were made as follows: Stipulation No. 1 is not needed Stipulation No. 2 and 3 are to be kept in place Stipulation No. 4 and 5 are not needed Stipulation 6 is to be added, which should read that Wal-Mart will install a signal light at F.M. 423 and Memorial Drive and the city will participate in 50% of the cost. Motion amended to state that stipulations 2 and 3 would be kept in place - Stanwick. Motion was repeated as follows: Approve the site plan, with Wal-Mart paying 50% and the city participating in the cost of the signal light at Memorial Drive and 423, engineering -- plans to be submitted, stipulations 2 and 3 kept in place and all other stipulation being deleted - Stanwick; second - Dillard, carried with all members voting Aye. Mr. Lambert said an amendment to the developer's agreement regarding the signal light will be brought back for council approval. Mr. Galbraith noted that includes design and construction. The project is scheduled to begin next week with a September or October, 1998, opening. 3.4 Consideration of approval of a site plan for a Laundromat to be located at the intersection of S. Colony Blvd. and Paige Rd. Mr. Persaud advised that Planning and Zoning has recommended approval of the site plan subject to the stipulation that engineering plans are to be approved by the city. Councilmember Avey said the code requires a 25' turning radius and asked if the 20' radius is adequate for fire equipment. Mr. Persaud said that it is adequate, noting the Fire Department has approved these plans. Brief discussion followed regarding the sidewalk construction and the location of the dumpster. Staff is to review the location of the dumpster for best placement. Motion to approve as submitted, subject to P&Z stipulation and request for staff to review access - Dillard; second - Longo, carried with all members voting Aye. ~._ 4 3.8 Consideration of approval of an ordinance approving the retail base rate reduction for Texas Utilities Electric Company and repealing Ordinance No. 98-1009 relating to rates for Texas Utilities Electric Company John Hill, City Attorney, explained that the ordinance approved two weeks ago would be repealed with the passage of this ordinance. John Owens with T.U.E. addressed the Council, stating that the city can still intervene in this case if they choose to do so. Motion to approve the ordinance as written - Stanwick; second Longo, carried with all members voting Aye. 3.6 Consideration of a resolution adopting an access policy regulating, political candidate or proposition access on The Colony Government Television Mr. Lambert advised the Telecommunications Board recommended adoption of a policy for access to Channel 6 regarding the Sales Tax election and he felt it was too restrictive. He said he has amended and proposes to have it in place prior to the Justice of the Peace (March I0, 1998 Primary) Election and the May City Council Election. Mayor Watts read portions of the policy and advised this would be a guideline the board would use to review items for broadcast. Councilmember Avey suggested this be sent back to the board for clarification of some points, i.e. What is a qualified candidate? Who defines community standards? How will schedule of airing be made known? It doesn't state that the board will review It doesn't state that the board can refuse Is the $25.00 refunded if the tape is refused? What is the $25.00 for? TCI provides the equipment. Lisa Leafy and Clark Switzer, board members, responded to some of the questions. They stated this policy was put together in a hurry and can be amended as needed. Councilmember Longo said he thinks this is opening up a can of worms, that we should not charge $25.00 per airing or air 1 hour a day for 5 days. Motion to allow no individual political broadcasts on Channel 6 this year- Longo. Councilmember Dillard agreed that is an option, and stated he does not agree with the $25.00 per showing either. Councilmember Stanwick said he had lots of concerns, agreed with Councilmember Longo, and suggested using 1998 to come up with a well thought out plan. Councilmember Longo said there need to be safeguards and amended his motion. Motion amended to give the council and board time to draft a resolution that is fair to all - Longo; second - Stanwick. Councilmember Avey asked if channel 6 is a government or public access station. Mr. Switzer said it is nothing until the council decides which it wants. He said there will eventually 00680c' be two channels, one for police and one for council meetings, bulletin board, etc. Mr. Lambert stated it has been a government access channel. Mayor Watts asked if the motion would allow forums to be aired and if the candidate isn't able to attend then how would they get equal access. Ms. Leary said at a forum all candidates would be invited, thereby giving equal access. Councilmember Dillard said forums are a different issue and have been done before. He said Councilmember Longo's motion doesn't restrict forums. Councilmember Stanwick said there are three main areas to be addressed: Individual Political Candidates Forums Issues He said the board needs to be given time to address fully. Motion carried with all members voting Aye. 2.0 DISPOSITION OF MINUTES 2.1 Consideration of approval of the minutes of the council meetings held January 12, 19 and 20, 1998 Motion to approve the minutes as written - Stanwick, second Longo, carried with all members voting Aye. 3.0 REGULAR AGENDA 3.1 Receipt and acceptance of the audit for the year ending September, 1997 Finance Director, Tony Johnston, presented the audit and advised there were no findings, however, several recommendations had been made. The city is in good financial standing. We have been presented the G.F.O.A. certificate for the 8t~ year in a row for the Audit. Councilmember Henville-Shannon said she hopes the 4A and 4B boards will use Tony's expertise. Councilmembers Longo and Dillard thanked Tony and his staff for their good work. 3.5 Consideration of appointment to the Regional Transportation Council Motion to nominate Mayor Watts to serve on this council - Dillard; second - l:lenville- Shannon, carried with all members voting Aye, with the exception of Mayor Watts who abstained. 3.7 Consideration of a resolution of the City of The Colony, Texas, ordering' an election to be held on May 2, 1998 for the purpose of electing four Councilmembers for said city Motion to approve the resolution as written - Dillard; second - Longo, carried with all members voting Aye. 006810 3.9 Consideration of an ordinance levying a sales and use tax within the city at the rate of one-half of one percent (1/2%) pursuant to Section 4A of Article 5190.6, V.T.C.S., The Development Corporation Act of 1979 Motion to approve the ordinance as written - Avey; second - Henville-Shannon carried with all members voting Aye, with the exception of Stanwick who voted No. 3.10 Consideration of an ordinance levying a sales and use tax within the city at the rate of one-half of one percent (1/2%) pursuant to Section 4B of Article 5190.6, V.T.C.S., The Development'Corporation Act of 1979 Motion to approve the ordinance as written - Avey; second - Longo carried with all members voting Aye, with the exception of Stanwick who voted No. 3.11 Consideration of an ordinance amending chapter 6 of the Code of Ordinances relating to athletic and political signs Mr. Harry Persaud explained the ordinance amends two areas of the chapter; 1. reinstates the 30 day time limit for political signs, and 2. allows signs on athletic fields. He said Planning and Zoning has recommended approval of both amendments. Discussion followed regarding the types of signs to be allowed on athletic fields. Concern was expressed about alcohol and tobacco sponsors. Motion to approve the amendment relating to political signs, and to postpone the section relating to athletic signs and refer it back to Planning and Zoning - Longo; second - Dillard, carried with all members voting Aye. 6.0 DISCUSSION ITEMS 6.1 Proposed amendments to the bylaws of the North Central Texas Council of Governments Councilmembers are to give their input to Councilmember Kovatch 6.2 Eastvale Park Mr. Lambert reported the Corps of Engineers has said they will lease Eastvale Park to the city. It is approximately 52 acres and will require maintenance and we have to draft a 5 year plan. Mayor Watts said a developer has expressed an interest in the park if the city does not lease it. After brief discussion, the consensus of council was to pursue. 10:41 p.m. 7.0 EXECUTIVE SESSION AS AUTHORIZED BY CHAPTER 551 OF THE GOVERNMENT CODE RELATING TO CONFERENCE WITH EMPLOYEE AND LITIGATION, TO-WIT: 0068i A. Receive information from Police chief regarding drug enforcement (551.075,076 Gov. Code) B. JWV v City of The Colony (551.071 Gov. Code) C. Goody-Goody v City of The Colony (551.071 Gov. Code) D. Office Creek v City of The Colony (551.071 Gov. Code) E. Gibson v City of The Colony (551.071 Gov. Code) F. Kamen, et al v City of The Colony (551.071 Gov. Code) With no further business to address Mayor Watts adjourned the meeting at 11:49 p.m. APPROVED: ry lair Watt~/, 1V y ATTEST: Patti A. Hicks, TKMC, City Secretary