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HomeMy WebLinkAbout06/01/1998 City Council MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON JUNE 1, 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 1st day of June, 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 A1 Garcia, Councilmember Present John Dillard, Councilmember Present ' Dave Kovatch, Councilmember Present and with seven present a quorum was established, the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Invocation - Barry Jameson, Colony Park Baptist Church Presentation of the Colors and Pledge of Allegiance - Boy Scouts 1.1 Mayoral Proclamations and Recognition Recognizing The Colony High School TOPCATS Mayor Watts read the proclamation recognizing the TOPCATS for their recent performance in the 1998 United States Dance and Drill Team Competition. Ms. Melissa Vincent, director, accepted the proclamation and introduced the team's 1998-99 officers. Proclaiming June 14, 1998 as National Flag Day Mayor Watts read the proclamation, which will be mailed to the National League of Cities. The Mayor encouraged everyone to "Pause for the Pledge" at 7:00 p.m. on June 14, 1998. 1.3 City Manager and Staff Reports The 4B Economic Development Board has requested a joint work session with the council on June 8 and Mr. John Hill, city attorney, needs to meet with the council regarding the Kamen lawsuit on the same night. After brief discussion, it was decided a special session will be held at 6:00 p.m. to meet with the attorney and the work session with the 4B board will be held at 6:30 p.m. -) Tony Johnston introduced the new Purchasing Agent, Bob Sparkman. · -) Installation of the traffic signal at Cougar Alley and 423 will begin soon and hopefully will be complete by the time school opens in the fall. 00691' The intersection at North Colony Blvd. and F.M. 423 was opened today. Councilmember Longo asked residents to fly the flag on June 6 to remember veterans. 1.2 Mayoral Comments --> TCHS band will open the Good Morning America show one day this week. '~ Mayor Watts wished Russell Raybourn a happy birthday. ~ There will be a council retreat June 6 from 10:00 a.m. to 4:00 p.m. · -> Harry Persaud has invited all Councilmembers to attend a P&Z school on June 25 in Richardson, Texas. Mayor Watts cannot attend. Councilmembers Longo and Henville-Shannon said they would decide later. Other members of council said they could not attend. --> Mayor Watts advised that the C!ty Secretary provides .newly elected Councilmembers with a copy of the Conflict of Interest and Nepotism law. She said she asked Ms. Hicks to provide that same information to members of the 4A and 4B Economic Development Boards and to P&Z and BOAA members. '~ Mayor Watts asked if council agreed with Councilmember Kovatch continuing to serve as the voting member to COG. There were no objections. Mayor Watts announced the following council appointments to committees: Denton County Mayors and City Managers - Watts/Lambert Metrocrest Hospital Authority - Longo Animal Shelter Standards Advisory - Dillard/Garcia Finance - Watts/Stanwick/Kovatch Fees - Longo/Garcia/Watts Personnel - Longo/Henville-Shannon/Kovatch , Denton County Drug Board - Longo Denton County Juvenile Advisory Board - Watts Wynnewood Developer's Agreement - Watts/Henville-Shannon/Garcia TML Committee on Economic DevelopmenffLegislative Issues - Watts · -) Councilmember Longo announced there will be a groundbreaking ceremony on June l0 at 10:00 a.m. for the new Trinity North medical complex in The Colony. 1.4 Citizen Input - none 2.0 CONSENT AGENDA 2.1 Consideration of approval of minutes of the council meeting held May 18, 1998 Motion to approve as written - Kovatch; second - Henville-Shannon, carried with all ayes. 2.2 Consideration of acceptance of proposals and award of contract for auditing services to the firm of Weaver & Tidwell, as recommended by the Finance -- Committee Motion to approve as recommended - Kovatch; second - Henville-Shannon, carried with all ayes. 2.3 Consideration of an ordinance amending Chapter 19 establishing a school zone on N. Colony Blvd. at Etheridge to 300 feet east and 700 feet west of Etheridge Drive Motion to approve as presented - Kovatch; second - Henville-Shannon, carried with all ayes. 3.0 REGULAR AGENDA: 3.1 Consideration of approval of preliminary plat for Legend Crest Phases II-VIII Mr. Persaud gave a brief background, on this development, noting that one concern of staff was traffic. He asked the developer to have a traffic study done to ensure proper handling of traffic in this area. Mr. Dean Stuller with Innovative Traffic Solutions presented the findings of the requested study, which used worst case scenarios. The study recommends seven (7) points of ingress and egress at arterial streets. Four (4) of the seven (7) should have the approaches widened at the arterial streets. Mr. Stuller said they do not recommend collector streets within the development because that would encourage more traffic and faster driving in residential areas. He said this plan provides good access for the neighborhood but does not encourage traffic from outside "cutting through" the neighborhood. He said it does distribute the traffic well. Councilmember Stanwick expressed concern regarding 8:00 a.m. traffic at Momingstar and S.H. 121 when there is no signal light at that intersection. He also noted that there is no easy route for emergency vehicles to reach the northeast portion of the development. Further, Councilmember Stanwick said if cars are parked on both sides of the 30' wide streets the streets will only be one lane wide. Councilmember Stanwick said he understands the plan but would be more comfortable with one collector street somewhere in the middle of the development. Mr. Stuller said as the area grows, traffic would justify a light at S.H. 121 and Momingstar. Councilmember Stanwick said the study needs to factor in traffic generated from Northpointe for impact on Morningstar. Mr. Stuller advised they did look at that, noting it would generate about 2800 trips per day. Councilmember Stanwick asked if there would be a signal at Morningstar and Memorial. Mr. Stuller stated that location and S.H. 121 and Morningstar are the only two he is aware of. He went on to say that each intersection would be reviewed over time and when the signal is warranted, it will be considered. Councilmember Longo thanked the developer for agreeing to name a street in this area after a former volunteer fireman and city employee (Dave Marlar). Councilmember Henville-Shannon also expressed major concems over the traffic. She is not sure 7 accesses will be sufficient. Councilmcmber Henville-Shannon said Paige is already congested and this adds 892 homes. She went on to say that traffic is a major concern in the city, stating that Momingstar will be another way out of the city and will generate more traffic from other areas. Councilmember Henville-Shannon asked Mr. Persaud how many collector streets were in the original P.D. Mr. Persaud said there were none, stating that new developments are getting away from putting collector streets in the residential areas. He said collector streets would draw more traffic and a signal light would be needed sooner. Councilmember Henville-Shannon asked if there is enough r.o.w, to widen Paige and if the park land dedication has been provided. Mr. Persaud advised there is 100' of r.o.w, on Paige, which is sufficient and that the park land is part of the property south of this development, owned by JNC. Councilmember Garcia also expressed concern for the impact this development will have on traffic congestion on Paige going to Plano Pkwy. Mr. Cary Cobb, Intermandeco, agreed that Momingstar will provide another exit, but the traffic study indicates that adding more population will not necessarily add to the traffic problems, to the contrary, the traffic problems will be diluted. He agreed there would be some traffic congestion, but no more than what is normal in other communities. Councilmember Dillard agreed that there would be some traffic problems regardless of what is done. Councilmember Kovatch said they should not underestimate the im. pact of Momingstar on this development. Mayor Watts said there is a collector street shown on the city's Thoroughfare Plan and it is not on this plat. Mr. Persaud advised the developer does not want a collector street in this development, however, that is a council decision. Mayor Watts stated she understands the reasoning, but that she is not sure this plan will work. She asked when Frisco would build the roadway east of the railroad tracks (in their city). Mr. Persaud said Frisco does have it on their Thoroughfare Plan but he does not know the time frame. Mayor Watts stated that perhaps the city needs to have the developer build the bridge and the road in order to accomplish the concept they want. She continued stating that if they (developer) would do that, then we (the city) could forego our Thoroughfare Plan. Mr. Cobb said they have discussed this issue and are aware of the city's Thoroughfare Plan. He said he has talked to the City of Frisco and they do not have a time frame for this roadway. Mr. Cobb said we are putting in Momingstar from S.H. 121 to Memorial Drive through another owner's property and we think the amount of access points is sufficient. He said they believe adding collector streets would only increase traffic in the area and that it would lower the quality of life in this subdivision. Councilmember Longo said this developer has done a good job without the city asking for any more (from them). He said we should not worry so much about Momingstar because the extension of F.M. 423 and Josey and Standridge Drive will help relieve the traffic problems. Councilmember Longo said as long as Mr. Persaud and the developer know the city's needs, they should be allowed to handle this matter. He did state that if the developer puts in waterfalls they should consider using effluent water instead of expensive Dallas water. Mayor Watts asked if this item could be tabled and brought back on June 8 or 15. Mr. Persaud advised that time would not allow postponement, noting the council must take action tonight. He also advised that staff is looking into improvements on Paige Rd in the future and by the time this development is complete, all the other street improvements may be finished (Standridge, Paige, Josey/423) Mayor Watts asked how we are going to get across the railroad. Mr. Persaud said as S.H. 121 develops, that would have to be addressed. Motion to approve with all staff and P&Z stipulations - Longo; second - Kovatch, carried with the following vote: UU69£I] Ayes - Longo, Garcia, Dillard, Kovatch Noes - Henville-Shannon, Stanwick, Watts 3.2 Consideration of approval of a proposal from the City of Piano for the provision of water and sewer to the City of The Colony Motion to postpone until June 15, 1998 - Dillard; second - Kovatch Councilmember Stanwick stated there things that need to be expressed during negotiations, i.e., increased fees and the item in the agreement that states that our water service depends on the amount available to Plano, meaning their residents will be served first. He said that is a health and safety issue. Mr. Lambert noted that the developer's agreement with the Billingsley Co. would need to be amended with regard to this issue. Councilmember Longo said the city is willing to enter into the agreement with Plano to satisfy their citizens, going on to say this is not The Colony's problem, but it is Plano's problem. Councilmember Henville-Shannon advised that this water would only serve 200-300 acres. Mayor Watts said a work session is needed before June 15. Councilmember Kovatch suggesting posting a work session at 6:00 p.m. on June 15 and a special session on June 18 in case action cannot be taken on the 15th. Councilmember Henville-Shannon asked if the proposed water tower will serve the entire 1100 acres and Mr. Lambert advised it would only serve 220-240 acres east of the railroad. Motion carried with all members voting aye. 9:05 Recess 9:25 Reconvene 4.0 OLD BUSINESS UPDATE - no update requested. 5.0 DISCUSSION ITEMS: 5.1 Letter from Tomlin Properties requesting the disannexation of 16.454 acres from the City of The Colony Mr. Lambert recommended tabling discussion on this item and allowing staff to meet with Tomlin representatives regarding an exchange of land. 5.2 Discussion and appropriate action with regard to the use of the city logo. Mayor Watts said there is a web site regarding The Colony that is supervised by the Chamber and it is authorized. She said there are two other sites using the city logo and there is no request on file for use of the logo. Mayor Watts advised that the city attorney has said our logo is not a registered trademark and asked the council if they want to register it. Councilmember Stanwick asked if she was referring to the full logo or the abbreviated logo. 0O6921 Mr. Hill said even if the logo is not registered, the City still has certain common law rights, noting that registration would give the city even more rights. Mr. Hill said a court case would be weakened if lots of people have been allowed to use it before the city made an effort to stop (unauthorized) use of the logo. Councilmember Stanwick said a lot of entities use the logo and that it would probably be hard to find explicit written authorization for all of them. He said the only way to be protected is to get a new logo and have it copyrighted. Councilmember Longo stated that the Mayor is not trying to censor thecolony.org, going on to say that he is the one who brought this matter up because thecolony.org seems to be trying to give people the idea that it is a city sanctioned site. He said he doesn't want people to think this is the "voice of the city." Councilmember Longo said there was information on that web site from our police department and he wants to be sure that no department head or member of council posts anything on any web page without approval of the city manager. Councilmember Henville-Shannon said the logo should be copy. righted and people should not use it without permission. Councilmember Dillard said thecolony.org uses a logo that is similar, but is not really the city logo. He handed out a copy of the page and explained that the word "uncensored" is across the words "The Colony" and cited other differences. He said he is not against having the city logo copyrighted, but we must remember "freedom of the press." Councilmember Dillard said the third site has clearly copied the city logo. He said we should copyright our logo, but we should not attack this group of people. Councilmember Longo said there is an ordinance passed in 1993 regarding the use of the logo and it should be complied with. Mr. Lambert advised that he gave permission for the police department report to be posted because it is an open record and he could not refuse the request. Councilmember Kovatch said both logos should be protected and agreed with Councilmember Dillard that the logo used on thecol0ny.org is sufficiently different from our official ,city logo. Councilmember Henville-Shannon noted that copies of thecolony.org logo have several different appearances. Some have "uncensored," some do not. Councilmember Stanwick asked to comment. Mayor Watts asked that he get Councilmember Henville-Shannon's permission. Councilmember Henville-Shannon said all say thecolony.org, but it seems to depend on where within the site you look. Councilmember Stanwick noted that the word "uncensored" flashes and will not print out every time. Mayor Watts asked Mr. Hill if the Coca-Cola trademark would be changed if she stamped a word or phrase across it. Mr. Hill said no because that trademark is too well known. He said the court would look at variations made to any trademark. Mayor Watts asked if there is council consensus for the city attorney to proceed with registration of the city logo and the abbreviated logo. All agreed. Mayor Watts asked if there was consensus to contact any groups currently using the logo and advise them politely that permission is needed in order to use it. Councilmember Longo suggested waiting until the logo is registered and then send a nice letter. Mr. Hill advised that service mark (logo) is the city's now. Councilmember Longo said he just wants to make sure people don't think thecolony.org is city sanctioned. Mayor Watts asked again if there is consensus of council to send those using the logo a nice letter and advise them they need permission. Councilmember Dillard asked if the intent is to grant permission. 00692 Mayor Watts said according to the procedure that would be the city manager's decision. Councilmember Dillard pointed out that if a group does not think they have violated this procedure, then they won't ask for permission. He said the council needs to know what steps to take when that happens. Mayor Watts said this is not a council decision, but a city manager decision. She went on to say the logo is what the flag used to be. Mayor Watts said she is proud of the logo and that it is the council's responsibility to protect our logo. 5.3 Other - None 10:10 p.m. 6.0 EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 AND 551.074 OF THE LOCAL GOVERNMENT CODE RELATING TO LITIGATION AND PERSONNEL, 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 10:39 p.m. convene in open session 6.1 Consideration of any appropriate action to be taken as a result of the executive session - None With no further business to address, Mayor Watts adjourned the meeting at 10:40 p.m. APPROVED: Mary BI'air W-/ttts, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary