HomeMy WebLinkAbout07/06/1998 City Council MINUTES OF THE REGULAR SESSION OF COUNCIL
HELD ON
JULY 6, 1998
The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to
order at 6:35 p.m. on the 6th day of Julyl998 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:
6:40 p.m.
Mayor Watts advised that on the advice of the city attorney, Councilmembers Kovatch
and Longo would not be participating in the executive session or any subsequent discussion
and/or action regarding the liquor lawsuits.
6.0 EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071OF 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
E. Kamen v. City of The Colony
F. Discussion regarding membership of The Colony Economic Development Board
of Directors (4A)
7:45 convene in open session
6.1 Consideration of any appropriate action to be taken as a result of the executive
session, including consideration of a settlement agreement regarding:
A. JWV v. City of The Colony
Motion to approve the compromise settlement agreement in Case No. 4-97CV-140, JWV
Associates Ltd. V City of The Colony, et al; authorize the city manager to execute the
settlement agreement; pursuant to the settlement agreement, authorize the approval of an
ordinance granting a specific use permit for a beverage store at the site described as a 5
acre tract of land located at the northeast corner of 121 and Paige Rd. and the alternate site
plan as presented to the city council in the December 1997 settlement meeting - Dillard;
second - Stanwick, carried with the following vote:
Aye- Stanwick, Garcia, Dillard
No - Henville-Shannon
B. Goody-Goody v. City of The Colony
Motion to approve the compromise settlement agreement, to be reduced to writing in a
manner consistent with the JWV and Office Creek cases, in the Goody-Goody v City of The
Colony, et al lawsuit; authorize the city manager to execute the compromise settlement
agreement; pursuant to the settlement agreement, authorize the approval of an ordinance
granting a specific use permit for a beverage store on the tract of land described in the
ordinance and the attendant site plan, submitted by Goody-Goody in accordance with the
Planning and Zoning Commission recommendations and other stipulations as presented to
the city council - Garcia; second - Stanwick, carried with the following vote:
Aye - Stanwick, Garcia, Dillard
No - Henville-Shannon
C. Office Creek v City of The Colony
Motion to approve the compromise settlement agreement in Office Creek Corporation v.
City of The Colony, et al; authorize the city manager to execute the settlement agreement;
pursuant to the settlement agreement, authorize the approval of an ordinance granting a
specific use permit for a beverage store at the site described in the ordinance and the
attendant site plan as presented to the city council - Stanwick; second - Dillard, carried
with the following vote:
Aye - Stanwick, Garcia, Dillard
No - Henville-Shannon
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS:
Invocation - Lanny Lambert
Pledge of Allegiance
5.1 Receive presentation regarding the Austin Ranch Development
Lucilo Pefia, Billingsley Company, gave the council an update on the project, stating
construction on Windhaven Pkwy. would begin in two weeks. The roadway should be complete
in February or March 1999. He discussed some of the details of the bridges and roadway being
run under the railroad. Mr. Pe~a will be giving a briefing at 7:00 p.m. before each meeting in
July and August.
1.2 City Manager and Staff Reports
Holly Rorshack with Southwestern Bell asked Mr. Lambert to advise the public
that a mistake was made on the last phone bill. The new rates for EAS went into
effect, but the decrease in the 625 rates was not reflected. That will be corrected
on the next bill.
-~ Mr. Lambert introduced the new city engineer, Abel Saldafia.
1.3 Mayoral Comments - none
5.2 Receive reports from the Parks & Recreation Board and The Colony Municipal
Economic Development Corporation Board of Directors (4B) regarding the
purchase of 113 acres of land to use as a recreational area/parkland and set date for
work session
John Sanders, Chairman of the Parks & Recreation Board, Susan King, member of the
Parks & Recreation Board and the 4B Board, and Don Goebel, President of the 4B Board all
made formal presentations to the council regarding the proposal, citing increased tourism,
improved playing fields, increased sales tax revenues, etc. as reasons for pursuing this proposal.
(See Attachments A, B, and C respectively).
Mayor Watts advised there were 40 persons signed up to speak on this issue and if each
person spoke for 5 minutes, the input would take 3 hours. She advised that there would be a
work session on July 13, 1998 to discuss this matter and that the public is invited to attend.
Mayor Watts stated that some of the people signed up did not wish to speak and then opene,d the
floor for citizen input.
Eric Fancher, 7129 Longo, president of CYSA, said the association is 100% in favor of
this proposal.
Rich Lewis, 5013 Ashlock, stated the council said when they were elected that they
would do what the citizens want. Mr. Lewis said this project can put The Colony on the map.
Donna Stueber, 5001 Atterbury~ supports the purchase of the land from JNC for a new
sports complex and community center. She stated the existing fields in the city are
embarrassing.
Jim & Vicki Briggs, 4800 Pemberton, both addressed the council and voiced support for
the purchase of the land for a youth and adult sport complex, and community activity center.
Scott Alter, 5025 Crawford, supports the purchase of JNC property for the sports
complex.
Rick Congdon, 4409 Queen Cir., spoke in favor of the proposal to purchase the INC
property. He is the president of the N.Texas Football Conference.
Kelley Wise~ 4444 Lamer, supports the purchase of the JNC property.
Mike Catt~ 6029 Bogard, said he believes this sports complex is the key reason the 4A
and 4B propositions passed in the January election. He is in favor of this proposal and
commended the 4B board on a good job.
Russell van Holsbeke~ 7212 Bradford Places spoke in favor of the proposal.
Rich Belyan, 5033 Lake Vista, said he is in favor of purchasing this property and that he
believes the city is united on this issue.
Bill Murdock, 7124 Dee Coles supports the purchase of the land from JNC.
Tommy Barclay, 5257 Reed, is in favor of the proposal from JNC.
Michael Swanson, 5108 N. Colony Blvd., said he is in favor of building the sports
complex and that it will bring lots of people to our city.
Loretta Hill, 4932 Wheeler, is in favor of purchasing the land from JNC.
Donna Lipscomb, 5528 Gates, spoke in favor of the sports complex on the JNC property.
Matt Paul Martin, 3712 Juniper Cir., presented the council with a petition in favor of the
purchase of the land from JNC for a sports complex, which had been signed by 51 youth.
Sandra N. Santana de Lima, 5100 Arbor Glen Rd., spoke in favor of purchasing the land
for the sports complex.
Jim Webster, 7109 Fox Drive, spoke in favor of purchasing the land from JNC for a
multi-purpose sports complex.
Bill Manning, #2 James Cir., said he recalled this complex as the only item really defined
in the sales tax issue and believes this is the main reason both 4A and 4B propositions passed in
January. He said it is a good idea and a great opportunity.
Jean Hughes, 5005 Ashlock, spoke in favor of the proposal.
The following persons signed input sheets, but did not wish to speak. They did wish their
position recorded as in favor of purchasing the land from JNC for a sports complex.
Mindy Connelly, Carolyn Metcalf, Tommy Musick, Gary Bartley, Teresa Adams,
Maxine Allen, Michael Miller, Kay House, Paula Johnston, Kevin Mulvey, Ralph Thompson,
Maureen Miller, Tony Allen, David Johnston, Johnnie Ray Jones, Tracey Ratcliff, Dean
Stedman, Carl Sigrist, Aaron Richardson, Angelo Toscolani, Larry Clemens, Steve Dumar,
Leslie Swanson, Kathy Neal, Karen Ream, and Kevin Border.
Councilmember Stanwick said this is a wonderful idea, but children who don't play
sports aren't represented. He asked how much open space is allocated in this proposal for non-
sports activities. He further stated there is a lack of planning, noting the agreement presented
asked for the money by August 26, 1998, which is not possible. He said it is a good idea, but it
cannot be rushed.
Councilmember Longo said it will take 2.7 million for the land and 2.2 million for
infrastructure and that we just don't have the money.
Councilmember Henville-Shannon said there will be a work session on July 13, 1998 on
this matter and encouraged the public to attend. She agreed there are a lot of questions to be
answered.
Don Goebel said the non-sports activities would be a part of the community center. He
reminded the council that the proposed agreement is negotiable.
Councilmember Longo suggested using the 4B money to convert the existing Library into
a community center.
Councilmember Kovatch asked the citizens to be cautious and not allow the developer to
use their support to undermine the city's position in this matter
Mayor Watts said she is concerned that a portion of the agreement looks like contract
zoning. Mayor Watts said some of the speakers had essentially said our parks are a disgrace and
she complimented the Parks Department on the work they do with little resources. She again
stated there would be a work session on July 13, 1998 to discuss this matter and that the public is
invited to attend, noting that citizen input is not usually taken during work sessions and stated
that no action would be taken at that time.
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1.1 Special Recognition:
Mayor Watts recognized LW's Towing, Inc. for their service to The Colony in providing
free towing of the two trolleys recently donated to the city.
Mayor Watts recognized Tomlin Properties for their donation to The Colony of the large
map hanging in the council chambers.
Certificates of Appreciation were signed and will be sent to these persons.
1.4 Citizen Input
Rich Lewis, 5013 Ashlock, addressed the poor quality of the television broadcast of the
council meetings. He noted that many speakers do not use the microphone properly and it causes
the speaker's comments to be lost to those watching on television. He encouraged every speaker
to use the wireless microphone when speaking.
Mr. Lewis also questioned the times posted on the agenda for tonight's meeting. He said
when a meeting is delayed for whatever reason, the public and staff should be advised so they
understand.
Mr. Lewis expressed appreciation for the fireworks display but stated the show was not
long enough and there should be a refund. Mayor Watts said the city manager has asked council
to let him know what should be aired on Channel 6, including council, all boards and all
committees. She said most boards don't want their meetings televised and if all were to be
televised, a part time staff.person would have to be hired to handle it. She further stated the issue
regarding the fireworks show is going to be investigated.
9:45 p.m. Recess
10:10 p.m. Reconvene in open session
At this time city attorney, John Hill, addressed the council regarding the previous motion
made regarding the Goody-Goody lawsuit. He said the motion made was to authorize a
compromise settlement agreement consistent with the settlement agreement in the JWV and the
Office Creek litigation. Mr. Hill said one of the matters that is consistent with the JWV case is
that the approval of the settlement agreement is contingent on the parties making a joint motion
to the State District Judge to vacate the order in the Goody-Goody case. He stated he just
wanted to be sure that all council understood this matter. Councilmember Dillard said he
understood that matter to be part of both settlement agreements. All council who participated in
the previous action agreed with that statement.
3.6 Discussion and appropriate action regarding the location of council office and office
equipment
Councilmember Dillard said there have been lots of' discussion by council, staff and
citizens about the mayor having an office at city hall. He said he thinks the council should
discuss whether she should be a full time mayor or not tonight and resolve this issue.
Motion that the Mayor should not occupy an office at city hall - Dillard, second - Stanwick.
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Mayor Watts said Councilmember Henville-Shannon is the unofficial personnel person
and that she wants to address this issue. Councilmember Henville-Shannon said this is a silly
and petty issue that doesn't warrant council's attention and that she will have no part of it. She
said she will not dictate to the city manager regarding the space plan of his employees and stated
this is a city manager decision. Councilmember Henville-Shannon displayed a floor plan of city
hall and stated that the council office is 125 square feet, the break room is 147 square feet and
that from what she understands most city employees don't even use the break room. Continuing,
she said the purchasing agent has moved into the classroom and has a 300+ square foot office..
Councilmember Longo said he asked this item to be placed on the agenda originally
because the city manager does not have the authority to allow city property to be taken home.
He said he watched the purchasing agent walk from his office to the Finance Dept. many times.
Councilmember Longo said he felt the purchasing agent should be closer to that department and
that he should have a secure office. Councilmember Longo apologized to Mayor Watts, stating
he did not ask for this item to placed on the agenda again and that he won't be party to any move
by the citizens against the mayor. Continuing, he said she (mayor) feels she needs the office. He
said it was wrong for someone to take pictures of the mayor's office and went on to say the
attitude at city hall stinks and has for 2 years. He agreed that there are more important things to
do.
Councilmember Stanwick said the charter states the mayor is a member of the coUncil
who runs the meetings and is the ceremonial head of the city. The mayor has the same powers
that other Councilmembers have. He stated this is not a city manager issue, but a council issue.
Councilmember Stanwick said this is about the office of the mayor, no matter who that person
may be. He asked if this is setting a precedent, meaning that everyone who is elected to mayor
will now have to quit his or her job and become a full time mayor. He asked if the city would
provide equally (office, equipment, etc.) to other members of council. He stated that so far all
this has been done without approval of council. Councilmember Stanwick said we don't need a
full time mayor and we don't need to pay for it. He also stated the purchasing agent's office has
taken up the training room. Councilmember Stanwick said we need to determine the proper role
of the Mayor.
Councilmember Garcia agreed partially with all three and stated the Charter does not
address this matter. He said there needs to be a place where the council can come, but need to be
sure staff has adequate space.
Councilmember Dillard stated that he appreciated the time the mayor puts in, but agreed
that the mayor is part of the council. He also agreed this is council's call, because the city
manager can't tell the mayor to stay in city hall or get out of city hall. Councilmember Dillard
said all the mayor's accomplishments could have been done from outside city hall and based on
Mayor Wart's praise of the city manager at the last council meeting, we don't require a full time
mayor (to get things done).
Mayor Watts stated that the charter does not address full time or part time mayor or
whether or not there can be an office at city hall. She went on to say that historically there has
been an office. She said that before she was elected as mayor, staff was directed to purchase a
computer for the council office. Mayor Watts said she has not taken anything that was not
already available to the council. She said the 4A board asked her to continue to be the contact
for community development and that the city manager gives her the economic development
contacts (that come in to city hall). Mayor Watts said she almost feels like she is being punished
for giving full time to the city, however, if the council consensus is that she should not use the
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city equipment to operate then she would continue to do as good as she could (without it).
Mayor Watts said she has stated before that the city does not need a full time mayor, but that she
doesn't think it hurts the city to have a full time mayor. The mayor then opened the floor for
citizen input.
Rich Lewis, 5013 Ashlock, said this is not an attack on any one Councilmember or the
mayor, but the precedent was set in the past as to how our city is to be run. He said there doesn't
seem to be money for many things, and he doesn't think the city should spend money for one
councilmember. Mr. Lewis said this issue should be discussed in a council meeting. He said he
doesn't think anyone voted for a candidate with the understanding that that person would be here
on a full time basis. He expressed appreciation for the time given, but said this should not be
allowed.
Brian Broom, 5072 Nash, stated there are two sides to the issue but only one conclusion.
Seems if one likes the mayor then the mayor's office should be close, but if one doesn't like the
mayor, then the mayor's office should not be in city hall. Mr. Broom said with the mayor's
office at city hall, there is better communications between all departments and it would not be
professional to have people meet with the mayor at her home. He said surely there must be a
way to keep staff and the mayor at city hall and encouraged the council to vote the way their
constituents want.
John Zanchuk, 5029 Watkins Cir, representing First Baptist Church, offered a portion of
their church as an office space for the mayor and council and asked the council to consider the
offer.
Lisa Guadalajara, 4504 Shadow Ridge, said Mary Watts will be a full time mayor no
matter where she offices.
Walter Lyerle, 4244 Fryer, stated this is a stupid issue that it is not the council's job, but
the city manager's job and he (the city manager) should be able to make the simple decision of
where employees sit. He said if the council has hired a city manager worth his salt, he should
handle this situation.
Billy Raybourn, #6 Keen Circle, said she has seen lots of good things accomplished in
the city and that it is a slap in the face to ask the mayor not to office at city hall. She said there
needs to be an office (at city hall) for council to meet.
Ten-i Goebel, 5153 Ragan, said this is ridiculous, stating the mayor has done more for
this city than anyone because she is here (at city hall). Ms. Goebel stated the mayor has brought
her own china to city hall so she can show people something nice when they come to meet with
her. Ms. Goebel said the mayor has never complained, but she (mayor) needs stuff and that she
(Goebel) was there to give her some stuff
Lanny Lambert said he believes the charter does address this issue and quoted the charter
as follows:
Section 1.06 ". ........ All powers of the city shall be vested in the elected city
council..."
Section 2.07 "The council shall be the judge of .....its members ..... "
Section2.09 "The mayor shall preside at meetings of the council, and shall be
recognized as head of the city government for all ceremonial purposes and by the governor for
purposes of military law .......... "
Section 3.01 "All powers of the city shall be vested in the council except as otherwise
provided by law or this charter, and the council shall provide for the exercise thereof and for the
performance of all duties and obligations imposed on the city by law."
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Section 4.02 ". .... it being the intention of this charter to vest all authority and fix all ____
responsibilities of such suspension or removal (of the city manager) in the city council ..... "
He said the mayor does not answer to the city manager, stating that the responsibility
rests with the council, Mr. Lambert said he has been in seven city halls and five had offices for
the council and mayor and two cities had full time mayors. He said he it is not his decision to
kick her out. He said that the space the mayor was using was needed so he had a space created in
the employee break room. He said she has not been an imposition on him and that about $200.00
was spent to create the office. Mr. Lambert stated the space was only used for employee breaks.
He went on to say he uses the mayor as a free, unpaid, volunteer for marketing the city. He said
he would let the voters be the judge of whether she is successful or not.
Mayor Watts asked Mr. Lambert if he needed the space and he replied he did not. Mr.
Lambert said the purchasing agent is in the classroom and when the Economic Development
Director is hired, they will be put in the classroom and the purchasing agent will be moved to
where the current Economic Development employee is located. (Hallway outside the city
manager's office). The Economic Development employee will then be moved into a space,
which will be created in the lobby of city hall.
Councilmember Longo said this is silly and that he can't believe how this issue has
snowballed. He said the city manager does not have the authority to give any city equipment to
any member of council, so if the mayor wanted to move her office to her home, the council
would have to approve moving the equipment. Councilmember Longo said the computer in the
office was already paid for by taxpayer's money. He said people feel the mayor is the one who
can resolve all problems. He said he gets upset because he sees a proposed budget for $136,000 --
from the 4A board to bring business into the city. He said he brought Trinity Medical into the
city without any money being spent and he is sure Mayor Watts has brought in some of the
business in our city. He said he thought the office would be better suited for the purchasing
agent, but the city manager says no and that he (Longo) should have handled it in a better way.
Mayor Watts asked Councilmember Dillard to restate his motion. Councilmember
Dillard could not remember exactly how the motion was stated. The Mayor then asked the City
Secretary to restate the motion. Motion restated as follows:
Motion restated, "Motion was that the mayor should not occupy an office at city hall",
failed with the following roll call vote:
Aye- Stanwick, Garcia, Dillard
No - Longo, Henville-Shannon, Kovatch, Watts
(Before Councilmember Henville-Shannon voted, she stated that she wanted to make sure the
residents understand how the agenda is worded and read the agenda item as follows: "Discussion
and appropriate action regarding the location of council office and office equipment").
2.0 CONSENT AGENDA
2.1 Consideration of approval of minutes of the council meetings held June 15 and 29,
1998 ~
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This item was pulled for discussion. Mayor Watts directed that it should be placed on the
July 20, 1998 agenda.
2.2 Consideration of acceptance of letter of resignation from Robert Poynter from the
Special Events Board and Lisa Leafy from the Telecommunications Board
Councilmember Dillard commended both Mr. Poynter and Ms. Leary for their service to
the city.
Motion to accept the resignations - Dillard; second - Kovatch, carried with all ayes.
2.3 Consideration of appointment of James Althaus as representative and Diana
Kruzich as alternate representative to the North Texas Regional Library system
Motion to approve as recommend - Kovatch; second - Henville-Shannon, carried with all
ayes.
2.4 Consideration of approval of an ordinance authorizing the city manager to enter
into an Interlocal agreement for purchasing of office supplies with the City of
Denton
Motion to approve as recommend - Kovatch; second - Henville-Shannon, carried with ali
ayes.
2.5 Consideration of approval of an ordinance amending Chapter 5 of the Code of
Ordinances providing for a penalty not to exceed $200.00 and increasing the City
Registration Fee to $5.00
This item was pulled for discussion. Mayor Watts directed that it should be placed on the July
20, 1998 agenda.
2.6 Consideration of approval of the rental agreement and fees for boat and camper
storage area at Hidden Cove Park
Motion to approve as recommend - Kovatch; second - Henville-Shannon, carried with all
ayes.
2.7 Consideration of approval of changes to fees and fines for the Library as
recommended by the Library Board and the Fees Committee
Councilmember Dillard commended staff for recommending a reduction in fees.
Motion to approve as recommended - Dillard; second - Henville-Shannon, carried with all
ayes.
3.0 REGULAR AGENDA:
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3.2 Consideration of approval of a proposed budget as recommended by The Colony
Economic Development Corporation Board of Directors (4A)
Mr. Lambert advised that the 4A and 4B boards have agreed to combine their budgets
and recommended postponing any action on this item. Councilmember Stanwick suggested
denying this budget because postponing will cause the item to come back on the agenda. He said
by denying it, the item is dead until it comes back as a combined budget.
Motion to deny the budget as presented - Stanwick; second - Longo, carried with the
following vote:
Aye - Longo, Stanwick, Garcia, Dillard, Kovatch, Watts
No - Henville-Shannon
3.3 Consideration of approval of an incentive plan as recommended by The Colony
Economic Development Corporation Board of Directors (4A)
Mr. Lambert said the purpose is to state what incentives The Colony may provide to
businesses that locate in the city. He listed the topics included: I. Incentives Available; II.
Application Threshold; III. Negotiation Process, IV. Economic Development Board Incentives
(4A), and V. Extra Incentives. The council discussed the incentives briefly and made the
following recommendations for change:
Page 5 - negotiating process - change council liaison to city councilmember
Page 5 - change minimum investment to minimum "capital" investment
Councilmember Henville-Shannon said these incentives are geared toward corporate
America, and cautioned against eliminating small business. Mayor Watts said if the council is
not ready to approve, the item could be postponed until next Monday.
Mr. Randy Robinson said the capital investment could be for expansion, not just a new
business and that's why they used $500,000. Mr. John Gordon asked the council to
please consider this item tonight so the board can get on with the job they are supposed to
do. These are guidelines not set in stone. This is an application threshold, which would
begin the negotiation process. We are after quality businesses.
Motion to approve with stipulations as listed above - Henville-Shannon; second -
Stanwick, carried with all members voting aye.
3.5 Consideration of an ordinance amending the Comprehensive Zoning Ordinance of
the City by amending Section 17-106 relating to materials for external walls of residential
structures
Mr. Persaud gave a brief history of this issue. He stated that the staff does have
experience in inspecting EIFS, so additional training would not be necessary if this is
implemented. Mr. Persaud advised that in 1986 the council set a policy that stucco would not be
allowed on residential structures. He went on to say that P&Z has recommended with a 4-1 vote
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to approve this change, however staff recommends caution. He stated that the ordinance could
be re-written to allow BOAA to address these requests by variance procedure or the ordinance
could allow for each case to be reviewed on an individual, case by case basis.
Motion that the ordinance not be amended, but to decide each case on an individual basis -
Longo; second - IIenville-Shannon.
Councilmember Garcia related a story of his family in the 1950's when they moved from
a wooden structure to a brick structure. He said the change from wood to brick was difficult for
many, including his mother. Councilmember Garcia said while he would not be remodeling his
home to include EIFS, he has looked at some existing structures in The Colony and Piano and
they are very nice. He said he thinks the council should take action tonight to allow this property
owner to proceed with the home he wants to own. Councilmember Garcia said it is a matter of
changing our mind set and that we should allow this type of material (on residential structures).
Mr. Persaud stated that addressing these requests on a case by case basis would not really
establish a set policy. Councilmember Garcia asked what the impact is on this property owner if
that direction is chosen. Mr. Persaud it would delay his process another 6 weeks.
Mr. Lambert said if the ordinance is approved tonight, then Mr. Hesselbach can build his
home as requested.
Motion restated to address these requests on a case by case basis. Councilmember Henville-
Shannon withdrew her second, Councilmember Dillard then seconded the motion which
failed with the following roll call vote:
Aye - Longo, Dillard, Watts
No - Henville-Shannon, Stanwick, Garcia, Kovatch
Motion to approve as written - Stanwick; second - Dillard, carried with the following roll
call vote:
Aye- Henville-Shannon, Stanwick, Garcia, Dillard, Kovatch
No - Longo, Watts
Councilmember Stanwick stated that he would like staff to continue to look at this
ordinance with regard to other materials that may be requested.
3.4 Consideration of approval of a preliminary plat as presented by Legend Bend,
Phases II-iii and Legend Glen, Phase II
Mr. Persaud gave the background of the issue, stating that P&Z and staff recommend
approval with certain stipulations.
Councilmember Henville-Shannon expressed concern about the Home Owners'
AssociatiOn and asked if the buyers can have the option of paying that fee or not. Mr. Terry
Cobb stated the improvements handled by the HOA are not the kind that a city wants to take on.
He said the builder educates the buyer up front, but that if someone buys a home in that area,
they have to belong to the HOA and pay the fees.
Mr. Persaud advised that the city cannot determine whether a developer establishes a
HOA or not. Councilmember Kovatch asked if the city could be made part of the covenants in
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case the HOA disbands, which would allow the city to assess the homeowner for maintenance,
etc. Mr. Cobb said he would look into that.
Motion to approve the preliminary and final plat subject to P&Z and staff stipulations -
Stanwick; second - Henville-Shannon, carried with all members voting aye.
3.1 Consideration of approval of amendment to the contract with the City of Piano for
the provision of water and sewer to the Austin Ranch Development
Mayor Watts advised that Landmark Company, the company to which the bid for the
construction of the overhead storage tank on Austin Ranch was awarded, has agreed by letter to
extend his bid for another 30 days and has stated the tank would be operational by March 1999.
Motion to approve the amendment as re-submitted by the City of Piano - StanwielG
second - Dillard.
Mr. Lambert said Piano accepted the agreement on June 22 with two exceptions.' They
will not accept the deletion of the service area and the interconnection to the rest of our system.
They offered an alternative of three separate water line routes which is an advantage 'to the
proposal and recommended approval. Councilmember Dillard questioned the water rationing
issue and Mr. John Hill clarified that the issue regarding The Colony residents being treated
equally to Piano residents concerning water conservation has been addressed in the agreement.
Motion carried with the following vote:
Aye - Longo, Henville-Shannon, Stanwick, Garcia, Dillard, Kovatch
No - Watts
4.0 OLD BUSINESS UPDATE - not addressed
5.0 DISCUSSION ITEMS:
5.3 Financing of equipment for Public Works, Parks & Recreation, Hidden Cove,
Vehicle Maintenance, Finance and Library in an approximate amount of $800,000 -
not addressed
With no further business to address, Mayor Watts adjourned the meeting at 12:10 a.m.
Ma~ BlaiC/Watts, Mayor
ATTEST:
Patti A. Hicks, TRMC, City Secretary
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John Sanders
4777 Memorial #321
The Colony, Tx
75056
Current Chairman of the park board.
1 am here to speak in support of the purchase of the JNC
properties, and that the lands be utilized to provide for the
community a multi-sport complex and community park.
I take my perceived responsibilities seriously. To work
towards the needs and wants of the citizens of The Colony,
and to try and provide for them the best recreational
facilities we can with the limited resources we have
available.
Our city, bordered on the north by Frisco, .'the east by
Frisco and Plano, the south by Carrollton, and the west by
Lewisville and the lake, has no further room for expansion or
annexation. We are at a crossroads where we will have to
decide where and how we will grow, and how we will be able to
provide for the recreational and entertainment needs for the
current and future residents of our city.
The biggest problem facing our community is the lack of
youth recreation. 22% of the citizens named that as their
biggest concern in the 1996 Turco survey ( table 2 pg 20
way ahead of traffic, streets, and crime.
The same survey when asking' what does the city need to
provide, (pg 49). The top answer was more youth services,
getting 22% of the votes out of 14 categories.
When asked about the satisfaction ratings of parks and
sports facilities, the items that drew the highest
dissatisfaction ratings was the number of youth and adult
athletic facilities. (pg59)
Overall 65% supported the idea of using taxes to improve
and expand recreational
facilities. (pg 68)
Even the opinion poll compiled at the ice cream social
last November, the top concern was a multi sport complex,
tied with expanding the community center.
In the City of The Colony Park plan compiled by J.T.
Dunkin and assoc in May of 97, the top two priorities were
recreation center expansion and a multi sports athletic
complex, which both can be addressed by the proposed concept
plan.(pg 8-4)
The Colony started out as a bedroom community, but as
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PAGE 2
the years have passed, and the times have changed, we are on
the verge of becoming a complex and vibrant city, expected to
reach a population of 70,000 to 75,000 residents. To frame an
analogy, when you decided to move here and raise your
families, you didn't buy a house that was merely adequate for
your needs, a simple one bedroom place that was sufficient to
meet the needs of you and your spouse. Instead you looked to
the future, anticipating the needs and growth of your
families, and you planned accordingly.
This is the foresight you need to use when considering
the community as a whole. Anticipate what our future growth
and needs will be, and plan for them now.
Our current sports fields are inadequate, ~¥er used, and
under maintained because of budget constraints..To try and
upgrade those facilities would be like stacking bunkbeds in
that one bedroom home to accommodate your growing family,
there soon is reached a point at which it becomes self
defeating.
I am in no way suggesting that we abandon our existing
parks upkeep in favor of a new multi-sports complex. In fact --
if you will refer to section 8 of the City of the Colony Park
Plan, you will see each park or facility listed, and the
improvements targeted for each one of them.
With the 4-B tax monies becoming available, I suggest
that we propose to the 4-B board an allocation of a certain
percentage of those monies, after the park board has a chance
to prioritize those needs and in conjunction with the multi-
sports complex community park, begin those upgrades.
With the full build out and peak population anticipated,
the park land requirements (at 5 acres per 1000) will grow to
375 acres. Adding the 143 acres to the existing 130 will be a
giant stride to reach that goal.
Wi{A-_' BE.'.TE_="Z?S 'IA}:' r..,,TE Z]{PEC% ~RCM CO},:VEPTi.",.TG
· "l"'_~ ~ECCME A DESTi.',TAT"'C.'.T YCR PLEA.-~U?.A~LE ACTiViTiES.
_'23'..'?.ZSM HAS HEL?ED COMM.UNZTiES >!EH? A VARZE?Y O?
'.?REATiIT.O 3?PC,?,TC~TiTiES ~C.R
-:',~CREASZN'3 REVE.',YL'ES ?OR ',COAL 3%'.S-."fZSSZS AND '"N'DUS-'_RZES
i.NCREA$i:,:~ ST:~.31ll?? 3': ~RCADE}Ti_*,:G THE ZCCN'CMiC
RED.UCiI!G SEASCN'AL VARIATiO}.{S i:T REVENUES, PROMOTE OFF-
SEAS C:,.' 3USiNESS
E?'.PEDiTE CEVEL'CPME:,TT ARCU.',TD THE TC:{PLE:{
CASES DC PEOPLE LEAVE THEIR HOME A-",~D TRAVEL SOME DISTA.YCE
BECAUSE THEY ~.4ANT TO STAY iN A PARTICULAR HOTEl 0R D!ST~ AT A
oo696a
""?:: ~'~ ~--.'-2': iv l':~gff A}TD SMALL 3U~-~'~'-~z'~' '':~
TOURISM iNDUStRY. DIRECT TRAVEL EXPENDITURES
~'{9.'21 PER PERGOla. EACH '?==~ ~=~ ~.~E OVER !O
-~%' ~~ ~-- "OOT ~ ~5~ ~%T~ ~.~7 5 ~
AS A HOST CiTY FOR THE TAAF GAMES.
..................!~T%T~ ~ MO~ ( ~'~ ~: ~ ~--~ ~ ~'~,JT~m~ ~--~
,_.- .......... ~ ........................
THESE FU~DS TO SUBSiDiZE PRCDUCTiO~ CF A}T EV~}~T
DEVELOPMENT OF A FACILITY. THE FACILITY OR EVEI!T ATTRACTS
E'3".;~$?.v.Z.';?S -$ 3. CZTY 2ZZ(Z2~_'' TC'- '.E:~."./~_ r,,TEZC_'.-_ 2&'.Z 7C?.
· CC.','TZ:,?U-_· TC CCF!T?.Z3UT-'_ SSCC.'2OC TC ~ZSZDZ.',r?$ 3.::r:.ru:'-.7_LY ye?. T_EZ
00696i
S':BS?A_':TZA'. SHZ~TS :Y .'-.::'.Z?.i'SA_~: :}~D'JSTR'! HAVE
.... :':-:' ~? ~'3~:CC'SZ :S Z C A '/ 'Z 'Z 7'{Z"J ARS
'iHS PRiNCiPAL RESOUP. CE 9P F~CT'.CC~E CCMPAI!iES 1~ THEIR
REiA:iVZiY ZN]EPEITDE}TT C~ iCCATiON DZCiSiO):S. THeY ALI }TOT
"LCMPAF:iES ARE PERCEIVED TO 3E ~:<CZiiZ}:T PRCSPECTD FOR
CS AiTP. A'LT FCCTiCCSE ':triPLeD.TiES. 'LREATiN~ A Ei,3H/Y
' ' _Hi8 S -=--
:3R:3WTH iS EMP:EASiZE2 3Y THE A~SRZSSiVZFTZSS %~:~:E WHICH
iN ADDiTiON T0 STATE ~OVEP,}TME}!T A~EF!CZES ~ERFOP. Mi}IG THiS
~='~ ~n~I~: m~ 0UAZiTv 0F LIFE l}T BUSINESS LOCATIO}T
DECiSiONS HAS BEEN REPEAT!~IY DOCUMEXTED. THE SUCCESS OF
THCSE iH THE :XTE}TSELY RECRUITED HiGH-TECHNOLOGY, 'RESEARCH
00696
~E'.i i S 1 2:.'-MA:,~E?;£ ~TERE PART 1 2ULA?.i:[ '5'T?.O:,:,'Si¥ i_YZiUE?CE2 S i 72i
THERE iS SU~STA?TiAL ZViDE~CE THAT PA2.:< A)~D RECP. EATiO~.~
t?PORTU~iIiES PLA~' A RiLE i~ '~HE iOCATiO~ DECiSiONS OF MAN~