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HomeMy WebLinkAbout04/20/1998 City Council 00 876 MINUTES OF TIlE REGULAR SESSION OF COUNCIL HELD ON APRIL 20, 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 20th day of April, 1998 at City Hall, with the following council roll call: Mary Blair Watts, Mayor Present Bill Longo, Councilmember Present Bernetta HenvilleTShannon, Councilmember Present David Stanwick, Councilmember Present Wilma Avey, Councilmember Present John Dillard, Councilmember Absent (Business) Dave Kovatch, Couneilmember Present and with six present a quorum was established, the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITION AND PROCLAMATIONS: Invocation - Rev Mike Weaver, Lakeway Baptist Church Pledge of Allegiance 1.1 Mayoral Proclamation Declaring "National Day of Prayer" Mayor Watts read the proclamation, which was received by Rev. Bruce Scofield. 1.2 Mayoral Comments Mayor Watts' trip to North Carolina was cancelled due to storm damage at her destination. 1.2 City Manager and Staff Reports · ~ The time frame for intersection improvements at F.M.423 and N. Colony has been extended 2-4 weeks due to a shortage in concrete. -> City crews began construction of water and sewer lines for Wal-Mart There will be an open house at the City Hall on Main (Food Lion Bldg.) in the near future. 1.3 Citizen Input Sue Walden, 5081 Avery Lane, advised everyone of the serious problem with roaches in city drains. She said citizens need to treat the outside of their homes along with the inside. Jerry Young, City Chemical Applicator, has worked with Ms. Walden on this problem. Morris Seay, 5500 Hendrix, said if appealing the Goody-Goody lawsuit will help the city gain control of determining where liquor stores can locate, then we should appeal. Bruce Scofield, 4517 Newport, encouraged the council to appeal the Goody-Goody lawsuit, stating the council acted in good faith and in accordance with the city's zoning ordinance. Roy Winegar, 5500 Slay, said even though the Goody-Goody lawsuit went before a judge and lost, there are a lot of people who support an appeal. He said he hasn't seen anyone come out in support of not appealing. He encouraged the council to vote to appeal the lawsuit. 2.0 REGULAR AGENDA ITEMS: 2.1 Consideration of approval of a final plat of Colony Plaza Addition, Lot 9, Block 1, located at the southwest corner of Blair Oaks Drive and Memorial Drive (Comfort Suites Hotel) Motion to approve with staff stipulations- Kovatch; second - Henville-Shannon Councilmember Stanwick said to be sure the 30'x30' access easement is on the plat when filed. There was a brief discussion regarding the traffic flow in the area. Motion carried with all ayes. 2.2 Consideration of approval of a site plan of Colony Plaza Addition, Lot 9, Block 2, located at the southwest corner of Blair Oaks Drive and Memorial Drive (Comfort Suites Hotel) Motion to postpone to May 4, 1998 - Avey Councilmember Avey stated that council had directed ~ staff some time ago not to put more than one item per development on the same agenda. There was no second, the motion died. Motion to approve with staff and P&Z stipulations - Stanwick; second - Kovatch. Councilmembers Longo and Henville-Shannon agreed With Councilmember Avey. Councilmember Henville-Shannon expressed concerns about the traffic in the area and suggested an acceleration lane be included. Mr. Persaud said the traffic counts do not justify an additional lane. He said there is right-of-way for future development if needed. Councilmember Stanwick said to be sure the tree on the northeast corner will not block visibility. Mr. Persaud explained that he placed all the items on the same agenda due to the time this process has taken the developer, noting this project was started in January, 1998. He said he believed there would be no controversy. Mayor Watts said that since Mr. Persaud came, most of council concerns have been addressed. Councilmember Kovatch agreed with the Mayor, stating that he still doesn't want all items relating to a project on one agenda, they could be addressed in two or three meetings. Motion carried with all ayes. 00687i 2.3 Consideration of approval of the preliminary and final plats for Friendship Baptist Church Addition, Lot 1, Block 1, located north of Cougar Alley and east of F.M. 423 at Daily 8:45 p.m. Councilmember Longo excused himself from the dais for discussion of items 2.3 and 2.4. Mr. Persaud advised that the process for this project began in December, 1997 and it needs to be approved so they can start construction. He further advised that once plats are approved by P&Z, the council then has 30 days to act on them or they are deemed to have been approved. Motion to approve the preliminary and final plat with staff stipulations and to deny the 40' variance- Stanwick, no second. Motion to approve the preliminary and final plat with staff stipulations - Henville- Shannon; second - Kovatch. There was a lengthy dischssion regarding the proposed cul-de-sac, reasons for it and the costs involved. Councilmember Stanwick said he made the motion to deny the variance because Chief Morrison's letter in the packet states that the engine can maneuver in the 40' radius. Councilmember Kovatch said there is a drive from the cul-de-sac into the parking lot and he does not think this will be a safety issue. Motion carried with the following vote: Ayes - Henville-Shannon, Avey, Kovatch, Watts Noes - Stanwick 2.4 Consideration of approval of a site plan for the Friendship Baptist Church Addition, Lot 1, Block 1 located north of Cougar Alley and east of F.M. 423 at Daily Motion to approve with staff and P&Z stipulations - Henviile-Shannon; second - Kovatch. Mr. Persaud gave a background of this item. There was a brief discussion regarding how a fire would be fought from the South side of the property. Mr. Persaud stated the buildi0g will be equipped with a sprinkler system and the Fire Marshal has reviewed the plans. Motion carried with the following vote: Ayes - Henviile-Shannon, Stanwick, Kovatch, Watts Noes - Avey 2.5 Consideration of authorizing payment of $1,882.00 to Denton County for The Colony's share of the cost of the Southwestern Bell Extended Area Metro Calling plan election Motion to deny the request - Henville-Shannon, no second Motion to approve subject to documentation showing that we are responsible - Stanwick; second Kovatch, carried with the following vote: Ayes - Longo, Stanwick, Avey, Kovatch, Watts Noes - Henville-Shannon 2.6 Consideration of a proposal from the U.S. Army Corps of Engineers for a Lewisville Lake Study Mr. Lambert advised that a developer wants to build a marina but the Corps has placed a moratorium on marinas and has said that we (city) have to participate in a study before a marina will be approved. The developer is not ready to commit to paying $10,000 for our part of the cost of the study. Councilmember Avey said there would need to be an agreement with the developer to address this matter. Motion to postpone to May 18, 1998 - Avey; second - Henville-Shannon, carried with all ayes. 3.0 CONSENT AGENDA 3.1 Consideration of approval of an ordinance amending the Comprehensive Zoning Ordinance, by amending Planned Development 11 (PD-11); providing for a three story building on a 1.72 acre tract located at the southwest corner of Memorial Drive and Blair Oaks Rd. (Comfort Suites Hotel) Motion to approve as presented - Longo; second - Kovatch Councilmcmber Avey asked that a stipulation be placed in the ordinance stating that if the project is not complete within a year, then the developer has to come back to the council and ask for an extension. Allen Huffman, representing the developer said although he cannot make a commitment for the developer, he did not think that would be a problem. He did say he would be more comfortable with 18 months. Mr. John Hill, city attorney, said zoning is permanent and what Councilmember Avey is asking for is temporary zoning. He recommended asking the staff to monitor the project, but not to place this provision in the ordinance. Mr. Harry Persaud suggested that if the council is comfortable with the 3-story building, then they could put the stipulation in the site plan, but not the zoning ordinance. He went on to say the only reason this came to the council is because a 3-story building changes the F.A.I~. (floor area ratio), not because it is ~ stories. Motion carried with all ayes. 3.2 Consideration of acceptance and award of bids for the annual purchase of hot-mix asphaltic concrete and asphaltic tack coat materials, and approval of ordinance authorizing contract for same Motion to approve as presented - Henville-Shannon; second - Stanwick, carried with ali ayes, except Councilmember Kovatch who abstained. 3.3 Consideration of a reimbursement to Councilmember Kovatch in the amount of $45.80 for expenses incurred while attending the National League of Cities conference in Washington D.C. Motion to approve as presented - Henville-Shannon; second - Stanwick, carried with all ayes, except Councilmember Kovatch who abstained. 3.4 Consideration of a resolution approving a budget amendment for Denton Central Appraisal District Motion to approve as presented - Henville-Shannon; second - Stanwick, carried with all ayes, except Councilmember Kovatch who abstained. 4.0 OLD BUSINESS UPDATE · 423/No. Colony intersection improvements extended 2-4 weeks due to concrete shortage. · City's relation to the lake - Mayor advised the Corps says if study is done, it will research anything that is to happen in the next 10 years. If something is not in the study, then it will not happen. 5.0 DISCUSSION ITEMS:. 5.1 Proposed budget for The Colony Governmental Television Duane Sanders, 6112 Jennings, addressed the council stating he is an engineer for a television station and has been attending the Board meetings. He cited costs to maintain the equipment for broadcasting on Channel 6 and said he believes he can suggest ways to cut costs. Councilmember Longo suggested putting this on an agenda for action at a later date. Mr. Lambert suggested implementing an access charge of $.25 per customer per month to pay for maintenance. Mr. Sanders said the apartments and hotel would add to the customer base. Councilmember Longo said he would rather not add $.25 to customers' bills. Councilmember Stanwick suggested allocating a portion of the franchise fee in next year's budget to pay for maintenance of equipment. Councilmember Avey agreed. Mr. Sanders also suggested the Chairman of the Board be allowed to purchase supplies to clean the machines. Clark Switzer, Chairman, advised that according to the TCI agreement, they (TCI) are not responsible for providing any more than they already have. Councilmember Stanwick supported interim funding, but said he is not comfortable with giving free rein to the board chairman. He said purchasing should follow city procedures, through the staff liaison. He went on to suggest 10% of the franchise fee (approximately $8,000) be allocated in the 1998-99 budget. Mr. Switzer said he does not want to be allowed to purchase and that he knows the board must follow procedures. Council consensus was to allocate 10% in the 1998-99 budget to cover maintenance and to provide interim funding. Mr. Lambert will bring a budget amendment to the council on May 4, 1998 in the amount of $2,240.00. )-06880 Discussion followed regarding the use of videotapes and their costs. Councilmember Longo said he does not think it is necessary to copy the Denton County Commissioner's Court meetings for the Library. He said showing them is sufficient. Mr. Switzer said he has copied them at the Mayor's direction. 5.2 Proposed costs for revamping the utility billing process, using envelopes and publication of a newsletter. Mr. Lambert advised this topic is a directive from the Council retreat. Mayor Watts asked if there was money in the 1998-99 budget for publication of a newsletter. Mr. Lambert said that was in the Economic Development budget and has been spent. Councilmember Longo said there is no money available. He asked about changing to a larger card for the bills with more room on the back for information. Mr. Johnston said the newsletter does not have to be connected with the water bill. He said it would be easier to assign this to EDC. He advised that water billing is done in 4 cycles, therefore, not everyone in the city would get the information at the same time. Printing options were discussed. Councilmember Kovatch asked if the newsletter would be quarterly or monthly. Mayor Watts said staff should still pursue this and to bring it back at a later date. 5.3 Presentation of tax reduction plan Councilmember Kovatch suggested postponing this discussion until May 4, 1998. He distributed the proposal to council and it will be discussed at the next meeting. 5.4 Street sign replacement program Pat Dunlap displayed sample street signs in green and blue, with city logo and without. He advised that TxDOT will not allow blue street signs along state roadways (S.H. 121 and F.M. 423). After discussing all options, the consensus was to replace the existing street signs with blue street signs made of reflective material and with the city logo. 10:20 p.m. 6.0 EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 OF THE LOCAL GOVERNMENT CODE RELATING TO LITIGATION, TO-WIT: A. JWV v. CITY OF THE COLONY B. GOODY-GOODY v. CITY OF THE COLONY C. OFFICE CREEK v. CITY OF THE COLONY D. GIBSON v. CITY OF THE COLONY E. KAMEN, et al v. CITY OF THE COLONY F. BNRCC v. CITY OF THE COLONY G. SALLY ANN DONLEVY v. CITY OF THE COLONY H. CONTEMPLATED LITIGATION AND CONSULTATION WITH CITY I. ATTORNEY REGARDING LEWISVILLE LAKE DEVELOPMENT 00688 11:01 p.m. Convene in open session 6.1 Consideration of any appropriate action to be taken as a result of the executive session E. Motion to give the City Secretary/Director of Administrative Services a 4% merit increase effective with the next pay period - Stanwick; second - Longo, carried with ali members voting aye, with the exception Mayor Watts who abstained. With no further business to address, Mayor Watts adjourned the meeting at 11:02 p.m. APPROVED: Mar~ Blair ~1~atts, Mayor ATTEST: Patti A. 'Hicks, T1LMC, City Secr, etary