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HomeMy WebLinkAbout03/16/1998 City Council 006833 MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIl, HELD ON MARCH 16, 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 16* day &March 1998, at City Hall, 5151 N. Colony Boulevard, The Colony, Texas, 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, the following items will be addressed: 1.1 Mayor Proclamation: "Absolutely Incredible Kid Day" - Mayor Watts read the proclamation in its entirety and presented it to representatives of the Camp Fire Boys and Girls. "Sexual Assault Awareness Month" - Mayor Watts read the proclamation in its entirety. The proclamation will be mailed to Denton County Friends of the Family. 1.2 Special Recognition: Presentation of Employee Awards - Margaret Burkett, Human Resources Director, recognized employees with various awards for tenure. Presentation of Life Saving Award - Cristina Martinez was recognized for her heroic efforts in saving the life of a fellow s~udent. She received a plaque from representatives of the Fire Department and a standing ovation from the audience. 1.3 Mayoral Comments Mayor Watts stated that members of the Council had just returned from a trip to Washington, D.C. Due to current weather conditions, Channel 6 is not broadcasting properly at this time. 1.4 City Manager and Staff Reports Tony Johnston, Finance Director, reported that recently the Fees Committee had interviewed potential consultants to conduct a water and sewer rate study. The committee selected David M. Griffin to perform the study. A contract will be presented for approval at the April 6 Council meeting. 0068, o 3/16/98 Pat Dunlap, Public Services Director, announced that a Spring Clean-Up is slated for May 2 from 8:00 am. until 2:00 p.m. with a tentative rain-out date of May 9. Sites will be the same as before. IESI will be assisting and proof of residency will be required. No hazardous waste will be accepted. Brush and tree limbs will be directed to the Public Works Department for disposal. Mr. Lambert reported that Mayor Watts has been appointed to the Texas Municipal League Advisory Committee on Community Development. This will require her to attend periodic meetings in Austin. Mr. Lambert advised that Lowe's is looking for a North Dallas location and The Colony could be a consideration. He suggests that a delegation from the City should go to North Carolina (Lowe's home office) and make a presentation. Mayor Watts encouraged citizens to begin a letter campaign to Lowe's. Mayor Watts asked for citizen participation at the ground breaking for Braum's next Saturday. She also announced that Braum's has tentatively scheduled to open on June 25. Councilman Kovatch gave a brief update on the widening of F.M. 423. 2.1 Public Hearing on application of Dale Bryant, Baruch Properties seeking to amend the Comprehensive Zoning Ordinance by amending Planned Development (PD) 11 providing for a three story building on the below described property: 1.722 acre tract located on the southwest corner of Blair Oaks Drive and Memorial Drive Motion to open public hearing - Kovatch, second - Henville-Shannon, carried with all members voting Aye. Harry Persaud, Planning Director, gave a brief overview of the request to build a Comfort Suites limited services hotel with three stories. Mr. Persaud explained that as the city grows, the comprehensive plan must provide some flexibility in land uses. Mr. Persaud reported that the developer would like to start construction in May. Planning and Zoning Commission has reviewed and recommended approval of zoning change. Councilman Henville-Shannon requested that conceptual plan is updated before coming back to Council. Discussion followed with Dale Bryant, Bamch Properties, and Alan Hoffman, Comfort Suites, regarding development plan, room sizes, etc. Hearing no public input, Council consensus was for Mr. Persaud to proceed with the ordinance preparation. Motion to close the public hearing - Kovatch, second - Longo, carried with following roll call vote: Ayes: Longo, Stanwick, Avey, Dillard, Kovatch, Watts Noes: Henville-Shannon 2.2 Consideration of approval of a contract for architectural services with Hatfield- Crookless for design of the renovation and remodeling of the new city hall Motion to table until next regular session - Avey, second - Kovatch 2 00684 3/16/98 Councilman Dillard requested that no more committees be formed if their recommendation is not taken and instead a work session of Council is called instead. He added that it was a tremendous waste of time. Councilman Henville-Shannon reported that as a member of the committee, Council was not provided information relating to the selection process. She added that the contract is standard with no unusual stipulations. Councilman Stanwick requested that a member of the committee give a brief overview of the selection process. Motion amended to table until 3/19 Work Session with consideration of approval of contract postponed until 3/23 Special Session - Avey, second amended - Kovatch, failed with following vote: Ayes: Avey, Kovatch Noes: Longo, Henville-Shannon, Stanwick, Dillard, Watts Councilman Henville-Shannon explained that thirteen proposals were received and from those five firms were selected. Those five firms gave presentations to the committee. Presentations included conceptual plan, availability, expertise, available resources, and familiarity of this type of project. Each committee member ranked the five which resulted in recommendation of Hatfield Crookless Architects, Inc. ~, Mr. Lambert added that }latfield Crookless Architects was not the lowest bidder but had the most expertise and experience in municipal projects. A conceptual drawing was displayed which is only preliminary. The cost of the contract is approximately 8% of the proposed construction cost. Mr. Lambert continued explaining costs involved in this project. Discussion followed regarding upgrading of any existing buildings. Councilman Kovatch expressed concern about expenses not yet thought about, i.e. moving expenses. Mr. Lambert explained that moving expenses could be included in the budget by adjusting figures in other areas, if necessary. Norm Hatfield, Hatfield Crookless Architects, addressed Council relating his experience in this field and expressing his desire to work with the City on this project. Mr. Hatfield offered to make the same presentation he made to the committee to the full Council if so desired. Motion to approve contract not to exceed $1.5 million for design and construction and with city attorney contract approval - Henville-Shannon, second - Avey, carried with all members voting Aye. 2.3 Consideration of approval of a contract with North Texas Municipal Water District for wastewater services Mr. Lambert recommended that the item be tabled until 3/19 Work Session. Motion to table until 3/19 Work Session - Henville-Shannon, second - Avey Councilman Dillard encouraged Council to vote to join the North Texas Municipal Water District as soon as possible for the future needs of the City. Councilman Henville-Shannon stated that after reviewing the contract, she has obtained other contracts with other cities participating with the 3 006842 3/16/98 North Texas Municipal Water District and has found significant differences in the contracts. She has several questions she would like answered in a Work Session. Mr. Lambert explained our deadline is April 1 in order to participate by entering a contract along with the City of Frisco who will join with or without the City of The Colony. Motion carried with the following roll call vote: Ayes: Longo, ltenville-Shannon, Avey, Watts Noes: Stanwick, Dillard, Kovatch 2.4 Consideration of an ordinance amending Chapter 12 of the Code of Ordinances relating to water and sewer deposits Tony Johnston, Finance Director, explained that currently the Code provides for water and sewer deposits to be maintained in a separate fund which has been interpreted to mean a separate checking account. His request is to allow these funds to be included with other City funds, however, the balance kept in a separate general ledger liability account. Motion to approve striking the last five words of the proposed amendment "to a computer generated report" - Kovatch, second - Longo, carried with all members voting Aye. 2.5 Consideration of a franchise agreement with CoServe for the provision of electric service Tony Johnston, Finance Director, asked the Council to consider tabling this item until the Regular Session on April 6. The agreement is still in review by attorneys for both sides. Motion to table item until Regular Session on April 6 ~- Longo, second - Kovatch Councilman Avey asked if the City could require CoServe to provide only underground service. John Hill, City Attorney, explained that typically developers provide a new area with underground service. Councilman Avey further stated she would like to see current above ground services replaced with underground. Mr. Hill responded that the City would probably have to cover the cost. Mayor Watts explained that in the new contract the City would receive 4% rather than the 3% in the current agreement. Councilman Kovatch called point of order. Mayor Watts stated that since the agreement is being tabled, Council could ask questions with responses being provided when the agreement is again presented for approval. Motion carried with all members voting Aye. 2.6 Consideration of authorizing a budget amendment for the purpose of hiring a city engineer and a purchasing agent Mayor Watts requested that the two positions be disc~ussed separately. Mr. Lambert 4 00684a 3/16/98 explained that the engineer's position would more than pay for itself with the savings fi.om not having to pay outside consultants. He f4orther explained that the open position of Building Official will not be filled and the balance of the budgeted salary for that position could be used for a city engineer. Mr. Lambert further explained that the budgeted amount of $37,000 intended for the purchase of capital items could be used for the position of purchasing agent. Motion to approve budget amendment to hire city engineer- Longo, second - HenviHe- Shannon Councilman Dillard advised the Council should be cautious since the position will also require drafting supplies and specialized computer programs. Discussion followed regarding savings to be derived from plan review, etc. Councilman Longo requested that the person hired have experience with street problems. Motion carried with all members voting Aye. Mr. Lambert stated that 'this position should pay for itself with money saved by organized purchasing. Tony Johnston, Fina.ce Director, explained that departmentalized purchasing is costing the City excessive funds. Motion to table until documentation can be provided to show savings by adding this position - Dillard, second - KoVatch Tony Johnston explained that justification cannot be provided since this is a new position and savings cannot be determined, however, based on experience, Mr. Johnston advised Council that he feels confident that the savings are there. Motion failed with ali members voting No except Councilman Dillard. Motion to approve budget amendment to hire purchasing agent- Stanwick, second - HenviHe-Shannon Councilman Dillard st~ed he would still like justification. Mr. Lambert responded that the proof of savings could not be provided without extensive research. Mr. Johnston pointed out that legal aspects may be overlooked by untrained personnel. Motion carried with ali members voting Aye except Councilman Dillard. 9:40 p.m. Recess' 9:55 p.m. Reconvene 3/16/98 2.7 Consideration of an agreement between the City of The Colony and The Colony Economic Development Board Mr. Lambert explained that the 4A Economic Development Board has been given the responsibility to pursue tax base and jobs for the City. Their funding resulting from the recent sales tax election will begin in July, 1998, with proceeds to be received beginning September, 1998. The issue now is an interim loan for their operational costs to be reimbursed when receipts are received in September. Mr. Lambert further explained that the Board had not had adequate time to prepare either a budget or a plan for programs. Motion to table this item until a budget can be provided by the 4A Board - Stanwick, fails for lack of a second Motion to approve an agreement for interim funding- Kovatch, second - Dillard Mr. Lambert said his intent was a general interim loan with specific items within their budget to be addressed at a later time. Councilman Avey commented that there was no paybaek schedule presented and would like to see a list of proposed expenditures with a cap. Councilman Henville- Shannon asked if the Council approves the EDC's budget. John Hill was unsure and Betty McKean, Economic Development Director, responded she felt it should be researched by legal counsel. Councilman Henville-Shannon stated a business plan should be pro'Zided prior to approving funding. Lengthy discussion followed regarding services requested and equipment already furnished to EDC. Mr. Lambert further explained that, under the City's budget, EDC was expending approximately $8,300 per month. Motion amended to approve agreement requiring business plan including budget prior to requesting funds from the Council - Kovatch, second amended - Dillard Councilman Kovatch then called the question. Mayor Watts requested an opportunity for she and Mr. Lambert to make comments. Continuing Mr. Lambert explained that the contract with EDC director ends March 23 and there will be no further funding until an agreement can be reached. He is not sure that there is adequate time for the Board to prepare an accurate budget. Mayor Watts suggested a figure of $8,000 per month for three months just to keep their operations going. Dr. Richard Seidler, Chairman of the 4A EDC Board, explained the Board's position insofar as necessary funding due to the sudden contract cancellation for director, Betty McKean. The EDC has elected to continue the contract with Ms. McKean as originally written and office space has been provided at no charge. Other expenses include additional staffing and projects already begun such as new maps of the City. Dr. Seidler stated he didn't think $8,000 per month would be sufficient. Mayor Watts explained that Ms. McKean's contract provided for an offer of full-time employment which Ms. McKean chose not to accept. Dr. Seidler stated that with the termination of the contract, funds were also terminated. Mayor Watts stated that there are still unspent budgeted funds for the EDC operation which are available. Councilman Longo expressed his concern that other cities can operate with an EDC without the problems being brought to this Council. 6 006840 3/16/98 Motion failed with the following roll call vote: Ayes: Dillard, Kovatch Noes: Longo, l~enviile-Shanuon, Stanwick, Avey, Watts Motion to table until the budget for the rest of the fiscal year can be submitted - Stanwick, second - Longo Councilman Henville-Shannon expressed concern as to whether the City could handle funding the EDC. Mr. Johnston responded that since funds were already budgeted for that purpose, there would be no hardship on'City funds. Motion carried with all members voting Aye. Motion to adjourn - Kovatch, second - Longo, failed with all members voting No except Councilman Kovatch and Councilman Longo 2.8 Consideration of authorizing an amount not to exceed $40,000 for the installation of an additional 13 feet of roadway width on Standridge Drive Mr. Lambert explained that a 1993 agreement with Centex calls for Standridge Drive to be only three lanes, however, the current thoroughfare plan now calls for four lanes. Centex will install the additional lane at the City's cost. If the roadway is widened at a later date, the cost will be much more. Centex is agreement to loan the City the funds for five years. The repayment can be from impact fees collected from the area as it is developed. Motion to approve - Dillard, second - Kovatch, carried with all members voting Aye. 2.9 Consideration of approval of a budget amendment to increase the travel and education and training budget for the City Council Mayor Watts stated that she could not attend a meeting in Austin last week because it was her understanding that there was no more money in the budget. There will be other meetings she will have to attend if she is to represent the City at the TML level. If travel is required to North Carolina to make a presentation to the Lowe's home office, additional funds will be necessary. Motion to approve - Kovatch, second - Henville-Shannon Councilman Dillard said he personally felt the Council should not travel to North Carolina to make any presentations since that clearly is an Economic Development effort. Councilman Avey would like an amount included in the amendment. Councilman Longo agreed that a limit should be put on any Councilmembers travel and felt the recent trip sponsored by the National League of Cities to Washington, D.C. was a waste of time and money. He continued saying he would like to see the Council vote on each future trip to determine if it is worthwhile. Mayor Watts explained that since this item w~/s postponed from a previous meeting, she was faced with the option of attending the 3/16/98 meeting in Austin and coming back for reimbursement without the Council's benefit of having authorized the trip. Councilman Longo reminded the mayor that the meeting referred to ran very late and rather than address the issue, he made the comment for the mayor to go to Austin, come back and the Council would approve it. Mr. Longo further stated that he did not expect her to spend her own money representing the City. Mayor Watts commented that having permission bom one member of Council did not mean she would be reimbursed. She further explained that many contacts, other than the National League of Cities, were made and the trip was beneficial. Councilman Stanwick commented that earlier in the budget year, the suggestion was made for each Councilmember to have an amount allocated to them. Councilman Stanwick reminded Council that he has not spent any funds allocated to him for travel and that the mayor could have $1,000 oUt of his budget. He further stated that there is money in the travel budget without needing a budget amendment. Motion amended to transfer $1,000 from Councilman Stanwick's travel allocation to Mayor Watts - Kovatch, second amended - Henville-Shannon. Mayor Watts commented that regarding the Lowe's presentation being an economic development issue, she made the initial contact and has continued communication with Lowe's. She explained that a 4A board member should also attend. Motion carried with all members voting Aye, except Councilman Longo abstained. 3.0 Consent Agenda 3.1 Consideration of acceptance and award of bids for materials relating to water and sewer lines for Wal-Mart Motion to approve - Dillard, second - Kovatch, carried with all members voting Aye. 3.2 Consideration of acceptance and award of bids for the installation of a signal light at the intersection of Cougar Alley and F.M. 423 Motion to approve - Dillard, second - Kovatch, carried with ali members voting Aye. 3.3 Consideration of approval of an ordinance amending Chapter 6 relating to athletic signs Councilman Kovatch commented that the ordinance states "The Director of Parks and Recreation shall approve an application which complies with the requirements of this Section." Harry Persaud, Planning Director, explained that the signs have certain restrictions regarding how they are displayed, however, the content cannot legally be controlled. Motion to approve - Kovatch, second - Henville-Shannon, carried with all members voting Aye. 8 00684 3/16/98 3.4 Consideration of approval of an ordinance amending Appendix B-Subdivision, relating to application fees Motion to approve - Dillard, second - Kovatch, carried with all members voting Aye. 3.5 Consideration of approval of an ordinance amending Section 24-100 (6) relating to application fees Motion to approve - Dillard, second - Kovatch, carried with all members voting Aye. 3.6 Consideration of authorizing the renewal of a contract with Cowles & Thompson for the collection of delinquent taxes Motion to approve - Dillard, second - Kovatch, carried with all members voting Aye. 3.7 Consideration of approval of the minutes of the council meetings held February 23 and March 2, 1998 Motion to approve - Dillard, second - Kovatch, carried with all members voting Aye. 6.2 (from Special Session agenda) Consideration of any appropriate action to be taken as a result of the executive session Motion to appoint Krystal Murray to fill open position on the Special Events Board - Avey, second - Longo, carried with all members voting Aye. 5.1 Discussion item: Development Review and approval process; role, functions and responsibilities of the Development Review Committee (DRC) Mayor Watts asked when Council would be available for Mr. Persaud to make a 30 minutes presentation. Consensus was to have staffput this item on the agenda when it will be appropriate. With no further business to address, Mayor Watts adjourned the meeting at 11:00 p.m. ATTEST: / 9