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HomeMy WebLinkAbout05/18/1998 City Council 006908 MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON MAY 18, 1998 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 6:55 p.m. on the 18~day, of May 1998 at City Hall, with the following council roll call: Mary Blair Watts, Mayor Present Bill Longo, Councilmember Present Bernetta Heaville-Shannon, Councilmember Present David Stanw, ick, Councilmember Present Al Garcia, Councilmember Present John Dillard,' Councilmember Present Dave Kovatch, Councilmember Present and with seven present a quorum was established, the following items were addressed: 6.0 EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 AND 074 OF THE LOCAL GOVERNMENT CODE RELATING TO LITIGATION AND PERSONNEL, TO.-WIT: A. Interview for Board Appointments B. Consultation~ with City Attorney regarding contemplated litigation related to utility services to Austin Ranch C. JWV v. City of The Colony D. Goody-Goody v. City of The Colony E. Office Creek v. City of The Colony F. Gibson v. City of The Colony G. BNRCC v. City of The Colony 7:45 convene in open seSsion 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Invocation - Gary Pittman, Calvary Christian Center Pledge of Allegiance 1.1 Citizen Presentation by the Police Department Chief Clark presented 'a plaque to Mr. Bob Ehrman, a citizen who assisted Officer Chuck Wood in apprehending a juVenile run-away suspect. ,00690/ 1.3 City Manager and Staff Reports '~ The City Secretary advised the council of a workshop to be held at NCTCOG on June 5 in which all the topics proposed to be covered in a tentative orientation session will be covered. She encouraged all members to attend. Councilmembers Kovatch and Garcia will attend the workshop. Staff would still like to hold a session for council to cover budget and finance and planning review. One suggestion is to hold this on an off-Monday night. A date for a council retreat still needs to be set. There were no dates established gt this time. -'~The intersection of Main St. and North Colony Blvd. :will be complete in about a week. The next problem intersection will be Main St.:and S.H. 121. · -> A job offer has been made to an engineer. When the engineer is on board, the first project will be the Eastvale water lines and that person will be the construction superintendent for the City Hall project. The Eastvale water line project is currently in the design stage. 1.2 Mayoral Comments ?i · '> Mayor Watts commended Councilmember Longo~! for his efforts with the Metrocrest Hospital Board in getting a new medical facility in The Colony. Trinity North, the new facility, will be located west of Main Street just south of the Denton County Government Center · -> Mayor Watts advised that all citizens in The Colon~ are involved in economic development, including the high school, i · -~ The new EAS rates with Southwestern Bell will be ~n effect June 1998. If the address on citizens' phone bills is Lewisville you can hsk to have it changed. · '> Mayor Watts asked Bill Cunningham, Telecommunications Board member, to address the notice of rate increase received from TCI this week. Mr. Cunningham advised the notice had just been received today and the board has not had an opportunity to review it. (Mr. Cunningham went on to address other items posted under 5.3 on this agenda) TCI is providing, at no charge, cable outlet to all city facilities. They are primarily for Channel 6 and em,ergency broadcasting. The Library and the Recreation Center will have the abi'!ity to broadcast children's programming when needed. TCI has received approval of the upgrade to our system from analog to digital. If council approves, a cable outlet will be installed in the lobby of city hall so overflow crowds at council meetings can watch from the lobby. Councilmember Longo asked Mr. Lambert, to write a letter to TCI thanking them for their cooperation and ask them tO put a cable outlet at Fire Station 2 (Public Works Building). ~, Memorial Day weekend is coming up. Monday trash pick-ups will be done on Saturday, May 23. Mayor Watts asked Chief Clark to put that on Channel 6. The Veterans' Flag is hanging in the Chambers in honor of our veterans. Councilman Dillard reminded everyone that many persons have died for our freedom in this country and that is the reason we have a Memorial Day Holiday. ~ Mayor Watt,, asked Tony Johnston to explain the Rotary Club flag program. Mr. Johnston advised that for $25.00 per year, the Rotary Club would place a flag in your front yard on six holidays throughout the year. He stated that ROTC is now helping get subscriptions and to put out the flags. Couneilmember Gareia thanked the council and staff for the flowers sent to his father's funeral last week. 1.4 Citizen Input Robert & Anita Glerin, 731 Dewberry, Lewisville made a presentation regarding starting a square dance club in The Colony. They invited anyone interested to contact them. They expressed an interest in perfbrming during the July 4th Celebration. 2.0 CONSENT AGENDA 2.1 Consideration of approval of minutes of the council meetings held April 6, 1:~ and May 4 and 5, 1998 ' Motion to approve as written - Stanwick; second - Kovatch, carried with all ayes. 2.2 Consideration of acceptance and award of bids for the annual purchase of concrete and approval of an ordinance authorizing contract for same Motion to approve as recommended - Stanwick; second - Kovatch, carried with all ayes. 2.3 Consideration of ~icceptance of a letter of resignation from Jorge Diaz from the Board of Directors of the Economic Development Corporation (4A) Motion to approve as presented - Stanwick; second - Kovatch, carried with all ayes. 3.0 REGULAR AGENDA: 3.1 Election of Mayor t'~ro-tem and Deputy Mayor Pro-tem Mayor Watts opened the floor for nominations for Mayor Pro-tern. Councilmember Longo nominated Bernetta Henville-Shannon, Councilmember Henville-Shannon nominated Dave Kovatch, and Councilmember Dillard nominated David Stanwick. First vote taken ended in a tie as follows: Bernetta Henville-Shannon - Longo Kovatch- Henville-~;hannon, Kovatch, Watts stanwick- Stanwic~5, Garcia, Dillard Mayor Watts asked Councilmember Longo if he wanted to change his vote to break the tie. Councilmember Longo,cast his second vote for Da(,e Kovatch. Mayor Watts declared Dave Kovatch as Mayor Pro-tern. '00'6906 Mayor Watts opened the floor for nominations for Deputy Mayor Pro-tem. Councilmember Longo nominated Bernetta Henville-Shannon. There being no further nominations, Mayor Watts declared Bemetta Henville-Shannon elected as Deputy Mayor Pro- tem by acclamation. 3.2 Consideration of approval of temporary signs on State ltighway 121 for The Legends residential development Harry Persaud advised the council that Intermandeco, Inc. has petitioned the city for two off-premise signs advertising The Legends residential development north of SH 121 and east of Paige Rd. The signs being requested are not allowed by the city's sign ordinance, therefore, a variance is required. The proposed signs will be 10' x 30', 10'-12' !above grade on the east and west side of the proposed Morningstar Drive, north of SH 121. Mr. Persaud said the ordinance provided for temporary development signs of 100 sq. which are to be removed with the issuance of the last certificate of Occupancy. Intermandeco's request exceeds these requirements. This development will incorporate about 350 acres with 1292 single family units. The Planning and Zoning Commission considered this item and recommends approval with certain stipulations. Motion to approve with stipulations - Longo; second - Kovatch. Councilmember Stanwick asked about the life of the sig~ns. Mr. Cary Cobb with Intermandeco said they will be constructed of quality materials, the 'area will be landscaped and will be maintained. He said they want to let people know that something is (finally) happening on this land. Mr. Cobb said their agreement with JNC allows placement of these signs and if development occurs where they are located they may have to move them, noting that these signs are temporary. Councilmember Henville-Shannon stated for reference that the Bristol Oaks Apartments' sign is about half the size of these proposed signs. Councilmember Garcia asked how they would handle graffiti: Mr. Cobb said they will be 10'-12' feet above the ground so they should not be a problem, but Said the signs are monitored every other day and if damage or graffiti is found, they are cleaned Up immediately and repaired as soon as possible. Councilmember Stanwick asked if The Colony could be on the signs and Mr. Cobb said the proposed sign would have The Colony in the name. Mayor Watts asked if this would set a precedent for other developments coming to the area. She suggested that the time period allowed for the signs be shortened from 24 months to 12 months. Mr. Persaud said each case will have to be considered individually and that his department will take a hard look at any future requests. He went on to say this is a large development that may take 3-5 years to complete, therefore, staff recommended 24 months. Mr. Cobb said they could put the signs up for only 12 months, but due to the cost of the signs ($30,000+ each) and the length of time it will take to develop this entire area, 24 months would be much more acceptable. John Hill advised that each case such as this will have to be decided on its own merit, noting however, it is unlikely that this same situation will arise in this same area. 0069 Motion carried with the following vote: Ayes - Longo, Henville-$hlannon, Stanwick, Garcia, Kovatch, Watts Noes - Dillard 3.3 Consideration of approval of a special event permit to allow for the outdoor sale of liquor, beer and wine Motion to approve the p~rmit for the sale of beer and wine only - Stanwick; second - Dillard. Mr. Persaud explained that staff had denied this request and, according to the ordinance, the owner has a right to appeal before the council. Mr. David Simmons of Nick's Sports Grill addressed the council. He advised this is an annual event, noting they held the event last year, but no alcohol was sold out.fide. He stated approximately 750 attended last year and they expect between 1000-1500 this year. Mr. Simmons stated all they asked for was permission to sell beer and wine, not liquor and assured the council that they would monitor the sales with regard to minors. He said they will have two off-duty police officers patrolling. Councilmember Longo asked Chief Clark' s opinion. Chief Clark said he has no problem with the event or the special permit for beer and wine since there will be off-duty officers working security. He said the event was held last year and there were no problems. Chief Clark also advised that TABC wo~uld approve this permit. Mr. Lambert said he agrees with staff on this matter. Couneilmember Lo~go said other cities allow outside events and that he thinks this will be good P.R. Mr. Simmons said there would be parking across Paige Rd. noting the entire parking lot at Nick's will be used for the event. He advised there would be motorcycles on display. Motion amended to approve for the sale of beer and wine only on May 31, 1998 from 12 Noon to 6:00 p.m. - Stanwick; second - Dillard, carried with the following roll call vote: Ayes - Longo, Stanwick, Garcia, Dillard, Kovatch Noes - Henville-Shannon, ~Watts 3.4 Consideration of acceptance and award of bids for the construction of Memorial Drive and approval of an ordinance authorizing contract for same Pat Dunlap, Public Services Director advised that staff and the engineer do not recommend accepting any 6f the bids received because the project was bid as six lanes, we only need four lanes at this time and the low bid contractor will not honor his bid if the job is smaller (four lanes). Mr. Dunlap re~;ommended rejecting all bids and re-bidding the project. He went on to say that David Potter tke property owner north of Memorial Drive will participate in the paving of two lanes on his property (Estimated cost for 4 lanes is $290,000). Mr. Potter has pledged $70,000 to Wal-l~art to pave two lanes and has made a verbal commitment to 00690o participate up to $100,000. Mr. Hal Jones, engineer with Hunter AsSociates said there is no way to estimate the cost if we re-bid. Motion to reject all bids received and direct staff to re-advertis'e for construction of four lanes - Henviile-Shannon; second - Longo. Councilmember Kovatch said it may not be cost effectivelto reject and re-bid. Mr. Lambert advised the bid is $338,000, we budgeted $200,000, Mr! Potter will pay $100,000, which leaves $38,000 that we would have to come up with to do this project as it is bid. Councilmember Longo agreed with Councilmember Kovatch, stating that if we don't go ahead now, the cost will be more in the future and noted that we will need iix lanes. He recommended moving ahead with the project as bid. Councilmember Stanwick asked if there was a way to amend the developer's agreement with Wal-Mart, whereby they could have the street paved when the~, pave their parking lot and then the city reimburse them. Mr. John Hill, city attorney said that ~Nould be circumventing the competitive bidding law and when public funds are used for a project, the project must be bid. Councilmember Kovatch stated the parking lot is going to be asphalt, not concrete, and went on to suggest postponing to investigate further. Councilmember Stanx~vick said he just wanted to look for other options. Councilmember Henville-Shannon asked if we would still be within the required timeframe if we re-bid this project. Mr. Dunlap and Mr. Jones said we could stay within the time allotted for the project. Mr. Lambert asked the council if they wanted staff to find the additional $38,000 needed to pay for this project. Mayor Watts said she does not want t? lose time by re-bidding. Councilmember Longo said to find the money and get the project done. Councilmember Dillard called the question. Motion to reject all bids and re-bid failed with all members voting No. Motion to accept ali bids and award the contract to Site Contract for the construction of six lanes (Memorial Drive) - Dillard; second - Longo. Councilmember Stanwick asked it' it is appropriate to approve this without funding in place. Mr. Hill advised that the city does have to have the funds available to pay the contract at the time it is awarded. Mr. Lambert stated he would find the money and bring back to the council in the form ora budget amendment at a later date. Mr. Hill said that is acceptable. Motion carried with all members voting Aye. 4.0 OLD BUSINESS UPDATE Mr. Lambert advised he covered most items in his City Manager's report. Mayor Watts said from now on if a Councilmember wants a public update on this list, they should ask for it. She did say this item would continue to be placed on the agenda. 5.0 DISCUSSION ITEMS: 5.1 Receive report from the Special Events Board regarding the July 4m Celebration 5.2 Credit card collections for utility billing 5.3 Cable Television access in city facilities (addressed earlier) 5.4 Boat and camper storage area at Hidden Cove Park 5.5 Request for dis-annexation of 16.454 acres 5.6 Repair of city streets 5.7 Other - None 10:35 p.m. : 6.0 EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551,071 AND 074 OF THE LOCAL GOVERNMENT CODE RELATING TO LITIGATION AND PERSONNEL, TO-WIT: ,i A. Interview for Board ApPointments B. Consultation with City Attorney regarding contemplated litigation related to utility services to Austin Ranch C. JWV v. City of The Colbny D. Goody-Goody v. City of The Colony E. Office Creek v. City of The Colony F. Gibson v. City of The Colony G. BNRCC v. City of The Colony 11:10 p.m. convene in opea session 1.2 City Manger and Staff Reports Discussion of Plano Water deal Motion to adjourn - Dilla~2d; second Stanwick 6.1 Consideration of any appropriate action to be taken as a result of the executive session t)O69. .U . 6.1E Office Creek v. City of The Colony Motion to retain Nichols, Jackson, Dillard, Hager and Smith toi~ continue to represent the city in the Office Creek lawsuit, with a budget to be presented to ~!the council in two weeks - Kovatch; second Henville-Shannon carried with the following vote: Ayes - Longo, Henville-Shannon, Garcia, Kovatch, Watts ~ Noes- Stanwick, Dillard With no further business to address, Mayor Watts adjourned the meeting at ]~:29 p.m. APPROVED: Mary l~lair Wt{~tts, Mayor ATTEST: Patti A. Hi~ks, TRMC, City Secretary