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HomeMy WebLinkAbout07/20/1998 City Council7/20/98 MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON JULY 20, 1998 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 20t~ day of July, 1998 at City Hall, with the following council roll call: Mary Blair Watts, Mayor Absent (personal) 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 six present a quorum was established, the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Invocation- Curtis Lawson Pledge of Allegiance and Presentation of the Colors - Camp Fire Girls & Boys 1.1 Special Recognition: The Police Department has been granted a charter for Police Explorer Post No. 5151. Fire Chief Van Morrison recognized Fire Department members, Dave Wallace, Dave Cavens and Oscar Rodriguez for the medals they received when they participated in the Firefighter Olympics. 1.3 City Manager and Staff Reports · '~ Citizens are being asked to voluntarily water their lawns using the "odd/even" watering system. Homes with even numbers water on even numbered days, etc. Community Service Officers are putting notes on doors of homes that are found to be violating the odd/even system and that have water running down the street or alley. -1~ There will be a public hearing conducted by The Colony Municipal Economic Development Corporation Board of Directors (4B) on Thursday, July 23, 1998 at 7:00 p.m. · '~ Harry Persaud asked the council to allow him to bring preliminary and final plat to them on one agenda instead of splitting into two agenda. He said by State law if a plat meets all the requirements of the city, then the council has no choice but to approve it, advising that if it is not acted upon within 30 days from the date P&Z takes action, then it is deemed approved. He said he will continue to 7/20/98 separate the zoning and site plan, per previous council direction, however, he -:-. would like the flexibility of bringing them at the same time if the situation warrants it. A~er brief discussion, council agreed to allow preliminary and final plat to be addressed on the same agenda, with site plan and zoning issues separate. Council also agreed that in certain instances, they would allow site plan and zoning on the same agenda. · '> Lucillo Pefia, Billingsley Company, gave a briefing on the Austin Ranch Development. The Magnolia Square area will be a traditional neighborhood development with homes, parks and businesses. It will incorporate the natural landscape to blend with Piano's Arbor Park to the south. Various styles of architecture will be used in residential construction, which will begin in November 1998. Landscaping at the entrances and other intersections will combine formal and informal styles using limestone and natural boulders. The developer will keep as many existing trees as possible. A display will be provided to place in the lobby of city hall. 1.2 Mayoral Comments · ') Mayor Pro-tem Kovatch advised that the highest water usage has been on Sunday and encouraged residents to limit their water usage on Sunday to help in the conservation effort. · ') Mayor Pro-tem Kovatch distributed a report from the 121 Task Force to Council and staff. -- 1.4 Citizen Input Robert & Anita Glenn, 731 Dewberry, Lewisville thanked the city for the opportunity to perform square dancing during the July 4th Celebration in The Colony. They advised that lessons will begin at the Recreation Center on August 2 at 2:00 p.m. and invited anyone interested to attend. 2.0 CONSENT AGENDA 2.1 Consideration of approval of minutes of the council meetings held June 15, 29 and July 6, 1998 Motion to approve June 15 and 29, 1998 as written - Dillard; second - Henviile-Shannon, carried with all ayes, except Kovatch who abstained. Councilmember Henville-Shannon made two amendments to the July 6 minutes. Motion to approve July 6 as amended - Henville-Shannon; second - Longo, carried with all ayes, except Kovatch who abstained. 2 7/20/98 2.2 Consideration of approval of an ordinance amending chapter 5 of the Code of Ordinances relating to Animal Control; providing for a penalty not to exceed $200.00 and adding the city registration fee of $5.00 to the Fee Schedule Motion to approve as recommended - Dillard; second - Henville-Shannon, carried with all ayes, except Kovatch who abstained. 2.3 Consideration of acceptance of authorizing a fee schedule for production and airing of tapes on The Colony Government Television channel as recommended by the Telecommunications Board and the Fees Committee Councilmember Stanwick asked what the fees are covering and stated he's not sure it's a good idea to air sporting events until the council decides what the channel is for. Clark Switzer, chairman of the Telecommunications Board, explained the fees are to supplement the budget and will be used to maintain the equipment. Councilmember Stanwick said Channel 6 is a governmental channel and if a majority of the council wants to show these events, then a majority of the council needs to approve a budget for it. Councilmember Henville-Shannon asked if airing costs are known and if there is liability insurance. Mr. Switzer advised the costs are not known and there is no insurance. Mr. Switzer said he was asked last year to air these events. Councilmember Dillard agreed that the council has yet to decide what to do with Channel 6 and advised caution. Councilmember Henville-Shannon asked if the Telecommunications Board submitted a budget and if it includes money to handle these matters, and asked if this could be handled in the budget process. Mr. Switzer said it could wait until then. Motion to deny the fee schedule and to bring this matter up during the budget process - Stanwick; second - Dillard, carried with the following vote: Aye- Stanwick, Garcia, Dillard No - Longo, Henville-Shannon Abstain - Kovatch 2.4 Consideration of authorizing the installation of electrical service to the amphitheater at Bill Allen Memorial Park Mayor Pro4em Kovatch asked if the power would be sufficient for all activities at the amphitheater and security lighting. Ms. Pam Nelson advised that TUE would have to upgrade the transformer to handle security lighting, but it would be sufficient for activities. Councilmember Longo asked if city workers could install outlets to save money and then use the savings to pay TUE to upgrade the transformer. Mr. Lambert advised that the city does not have a staffelectrician, but he would look into it. Motion to approve as recommended - Henville-Shannon; second - Dillard, carried with all ayes, except Kovatch who abstained. 7/20/98 2.5 Consideration of approval of the proposal from the Campfire Girls to adopt Dave Cowan Park Motion to approve as recommended - Dillard; second - Henville-Shannon, carried with all ayes, except Kovatch who abstained. 3.0 REGULAR AGENDA: 3.7 Public Hearing to discuss a proposed ordinance amending Chapter 10 relating to food and food establishments by establishing a letter grade inspection score system for all food establishments Mayor Pro-tem Kovatch advised this is a time to receive public input with no action being taken. Mr. Persaud advised that staff had met with the Restaurant Association regarding this and the association is opposed to the ordinance. The association believes this system will kill business and will provide only a snapshot of a single event in the restaurant, not a true picture. Mr. Persaud said this system is working in North and South Carolina and in California. He noted if the ordinance is adopted, The Colony would be the only city in Texas to have such an ordinance on the books. Drucilla Secor, 5212 Hawse, stated what works in North and South Carolina and California will not work in The Colony. She said there are not enough restaurants here yet and that this is degrading to the businesses. Ms. Secor said she is not aware of any serious health problems in any restaurants in The Colony. Ms. Secor said we should patronize the restaurants we have and "to heck" with the "screwball idea". Kevin Murray, Zydeco's Restaurant, The Colony, said he has been in the restaurant business for 23 years and is a member of the Restaurant Association. He told the council that he knows Mr. Acufia and knows that he is a good health inspector, but that he is against this proposed ordinance. Mr. Murray said the current system works and stated that The Colony has nothing in common with Los Angeles. He said our city already has a reputation in the metroplex for being "anti-business" and asked the council not to continue that trend. He said the Health Inspectors are to help the restaurants and the scores should be a tool to improve service. He said posting the scores on the door would not cause a restaurant to strive for better service. Dawn Jantsch, 12770 Coit Rd, Suite 1160, Dallas, representing the Texas Restaurant Association, equated the ordinance to asking a doctor to post how many patients he has lost. She said State codes are leaning toward looking for critical issues, rather than non-critical issues. Ms. Jantsch referenced a flyer, which had been distributed by Mr. Acuna and stated that many of the statements therein are not accurate. It will not give a true picture of the restaurant and could actually cause critical issues to be overlooked while non-critical issues are cited, resulting in a loss of business to a restaurant. She suggested rewarding restaurants that consistently score high marks. Ms. Jantsch said service wins customers, this ordinance will not bring in business. She said the Texas Restaurant Association urges the council to put aside this ordinance and support the existing restaurants. 4 7/20/98 5.4 Receive report from Commissioner Jeff Krueger regarding Denton County Road Program County Commissioner Krueger addressed the council regarding an upcoming bond issue and asked for input from the city regarding projects The Colony would like to have help with. He advised that Mr. Persaud had been appointed to serve on the Transportation Committee, which will be meeting on July 29, 1998. Commissioner Krueger needs the list of projects prioritized and submitted to him before that date. He said his list of priority projects include, FM 423, Wynnwood Peninsula, Stewart Peninsula, Boyd Road and FM 720, with FM 423 being at the top of the list. After a brief discussion, it was agreed that all Councilmembers should submit their list to the city manager before the end of the meeting, who will in turn submit the list to the Commissioner this week. Commissioner Kmeger did state that the county might be able to partner with the city to assist with improvements to streets within the city. 3.1 Presentation of the 1998-99 budget and approval of an ordinance calling the public hearing on the 1998-99 budget Mr. Lambert advised the council that a formal, detailed presentation of the budget will be made at the work session which he would like to have on July 27,1998. Highlights of the 98-99 budget include: 1. Pay plan for performance to continue 2. Mid-year review for cost of living increases if feasible 3. Six replacement police cars 4. Ad valorem tax rate lowered by one cent 5. Rate changes in water and wastewater services 6. 62 days reserve in both the General and Utility Funds 7. $800,000 loan for capital equipment 8. 3 year street maintenance program 9. Vehicle Maintenance 10. City Council budget implemented The work session was set for 6:00 p.m. on July 27 1998. Department directors may attend if they desire, however, they are not required to be there. Citizens are welcome to attend. Mayor Pro-tern Kovatch read the caption of the ordinance as follows: AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS PROVIDING FOR A PUBLIC HEARING ON THE MUNICIPAL BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 1999 PROVIDING A TIME AND PLACE FOR SAID PUBLIC HEARING, TO-WIT: ON THE 17TH DAY OF AUGUST, 1998, AT 7:30 O'CLOCK P.M. AT THE COLONY CITY HALL; PROVIDING FOR NOTICE; AND DECLARING AN EFFECTIVE DATE Motion to approve the ordinance as written - ltenville-Shannon; second - Stanwick carried with all ayes, except Kovatch who abstained. 7/20/98 3.2 Consideration of authorizing the purchase of six (6) police vehicles Bob Sparkman advised the council that the prices for new vehicles next year would be $21,000 each. In an effort to save money, he has found six vehicles in stock now for less than $20,000 each. Mr. Sparkman advised the money is available and that the cars have to be purchased now because they will not be available for long. Motion to approve as recommended - Stanwick; second - Dillard, carried with all ayes, except Kovatch who abstained. 3.3 Consideration of approval of a preliminary and final plat for a Laundromat to be located south of S. Colony Blvd. and west of F.M. 423 (Main Street) Motion to approve as presented with all stipulations - Longo; second - Dillard carried with all ayes, except Kovatch who abstained. 3.3 Consideration of approval of a site plan for Budget Suites to be located at the northwest corner of the intersection of S.H. 121 and Paige Road Motion to approve with all P&Z and staff stipulations replacing stipulation 4 (signage must comply with city sign ordinance) and adding stipulation 5 (must comply with Texas Architectural Access Standards) - Dillard; second - Henville-Shannon, carried with all ayes, except Kovatch who abstained. :3.4 Consideration of approval of a temporary sign along S.H. 121 for Bristol Oaks Apartment Complex Motion to approve with all staff stipulations - Longo; second - Henville-Shannon, carried with all ayes, except Kovatch who abstained. 3.6 Consideration of a proposed annexation schedule for the annexation of a 27.01-acre tract known as the Water's Edge Addition Mr. Persaud advised this is not asking for action to annex, but is merely approval of the schedule to proceed. The process takes about 3 months before annexation is actually initiated. Mr. Persaud said at anytime, the council could ask the staff'to cease the process. First reading of the ordinance would not be until October 19, and there would be ninety days after that to stop the process before final annexation of the property. Mr. Lambert said staff will do what council wants, but that even though the owners oppose, he believes we should annex the property because the residents will receive police and fire protection and they should pay their fair share. He advised that the law allows our city to unilaterally annex property (without permission of the owner). David Parent, 4948 Stony Ford, Dallas (property owner), advised he was surprised to hear this item was on the agenda because it had been made clear to the council that the development of this project depended on the property being in an unincorporated area. He said the council told them that annexation would not be pursued for 5-6 years. Mr. Parent further 7/20/98 stated that he met with Mayor Watts and Mr. Persaud and the mayor assured him that before any action was taken the property owners would be contacted. He said whatever State law allows, assurances from the city officials should be considered. He asked the council to table this item until he can meet with city officials. Jim Skinner, 4844 Pemberton, stated that he owned this property for 18 years and has been through one hassle after another. He retained one lot for himself and asked if the city can annex around that lot. Mr. John Hill, city attorney, responded that the description of the area to be annexed can be written without that particular lot included. Mr. Skinner continued; stating he also was surprised to hear about this action because he thought this matter was settled. Mr. Lambert said the city would look into leaving out Mr. Skinner's property, but said that is the council's decision. Mr. Skinner asked the council if they will leave him alone or will they fight him in court. Councilmember Longo said he is not sure we should annex the property but is concerned about providing police and fire protection with no reimbursement. He asked about forming a fire district in the area. Motion to postpone until the questions can be answered - Longo; second - Dillard. Councilmember Dillard said he remembered the conversations about this matter. Councilmember Garcia suggested a time frame of 90 days so the property owner has a definite idea of when this will be settled. Motion amended to postpone for 90 days - Longo; second - Dillard. Councilmember Stanwick said everyone knew this property would eventually be annexed into the city, but that he does remember council allowing time to develop before annexation would be proposed. He did state that we would only lose property taxes because these residents will still shop and do business in The Colony. He said whatever is decided needs to be made clear to all parties involved. Mr. Lambert said now is the time to annex this property unless a promise or an agreement was made to the contrary. Mr. Parent said this was discussed before Mr. Lambert came to The Colony and advised the property would not have been developed if they had known that annexation would happen so soon. Motion carried with all ayes, except Kovatch who abstained. 3.8 Public hearing to discuss a proposed ordinance amending chapter 6, Article VI providing a variance procedure and application fee and Item 3.9 - Public hearing to discuss a proposed ordinance amending appendix B- Subdivision Regulations providing a variance procedure and application fee Mr. Persaud explained that these two amendments would provide a variance procedure, which is not currently included in our codes. Brief discussion followed regarding types of variances, which would be addressed. oo698 ?/20/9g 3.10 Consideration of approval of amendments to ground lease agreement with Wynnwood Peninsula, LP, sub-leases for golf course purposes and other documents in connection therewith John Hill, city attorney, addressed this item reminding the council that at the last meeting the council approved an agreement regarding the ground lease. He said all these documents are coming in because the lenders for the golf course require all this documentation for the sub- leases. The city leases all 600 acres from the Corps, Wynnwood Peninsula LP wants to assign these rights to Wynnwood Army LLC, who will then become the tenant of the city. Wynnwood Army will then sub-lease 200+ acres for the golf course to Wynnwood Peninsula Golf who will in turn sub-lease it to American Golf Corporation. Mr. Hill said the city has a right to approve all those leases just to ensure legitimate operation of the golf course. He advised he has reviewed the sub-lease to Wynnwood Army and it looks O.K. The city will not have a contractual relationship with the other entities but we do want to make sure they contain all the terms of our lease. Mr. Hill recommended approval pending city attorney approval. Motion to postpone this item until the city attorney has reviewed the entire matter and to bring it back on the next council meeting- Henville-Shannon. Councilmember Henville-Shannon said the council has a special meeting set for this Thursday night to discuss any other matters that Mr. House has pending. Mr. Tim House, Matthews Southwest, said he would prefer that the council take action tonight giving approval subject to allowing the city attorney approve the wording to ensure the city is protected. Councilmember Henville-Shannon said the last two agreements were included in the council packet and these agreements didn't get in until Friday or Saturday and she is not comfortable approving them until the city attorney is comfortable with the matter. She said she has a hard time approving something that she has not had time to review. Councilmember Stanwick said the real back up for this item was a letter from Matthews Southwest and the only person who will do a full review is the city attorney. He said he has no problem with allowing the city attorney to review those documents. Mayor Pro-tern Kovatch asked that if the item is tabled, it be tabled until Monday, July 27,1998. Councilmember Henville-Shannon agreed, but stated again she is not comfortable voting on something she has just received. Mayor Pro-tem Kovatch asked when the item was postponed to and Councilmember Henville-Shannon said to the next regular agenda. Motion seconded by Longo. Mr. Hill clarified that the next regular agenda is in two weeks, not next Monday. Mr. House advised that their attorney would not be available on July 27. Councilmember Henville- Shannon said she expected the attorneys to get together before the next special session and hammer things out and again stated she is not comfortable voting on this tonight. Mr. Hill said all he is doing is making sure that the terms of our lease are included in the sub-leases. Mr. Hill advised he would be out of town Thursday. Councilmember Longo withdrew his second to the motion. There being no other second the motion died. 00G98 / 7/20/98 Motion to consent to (1) sub-lease agreement between Wynnwood Army, LLC and Wynnwood Peninsula Golf, LLC (2) sub-lease agreement between Wynnwood Peninsula Golf, LLC and American Golf Corporation and to approve First Amendment to Ground Lease Agreement between the city, Wynnwood Peninsula, LP and Wynnwood Army, LLC Subject to review and approval of the city attorney - Stanwick; second - Dillard, carried with the following vote: Ayes - Longo, Stanwick, Garcia, Dillard No - Henville-Shannon Abstain - Kovatch 4.0 OLD BUSINESS UPDATE Mayor Pro-tem Kovatch noted that the utility poles along the soon to be constructed Memorial Drive (west of 423) have still not been moved by CoServ and asked if council could help with that problem. It was decided that Mayor Watts should contact CoServ in an effort to get them to move more quickly. 5.0 DISCUSSION ITEMS: 5.1 Financing of equipment for Public works, Parks & Recreation, Hidden Cove, Vehicle Maintenance, Finance and Library in an approximate amount of $800,000 Mr. Johnston advised that he needs consensus from the council to proceed with securing a loan to purchase capital equipment. He noted that the items on the list are taken directly from the CIP, and some on the list are badly needed. Councilmember Henville-Shannon said police radios are supposed to be on this list. Mr. Lambert agreed and said 2 dump trucks and 2 backhoes will be removed from the list and replaced with the radio system. Councilmember Dillard said a comprehensive plan for the system is needed and an assurance that the proper equipment is being purchased. Consensus of council is to proceed with the loan process. This will be brought back to council for formal approval on August 3, 1998. 5.2 Receive report from Councilmember Kovatch regarding a meeting held May 15, 1998 at the North Central Texas Council of Governments (addressed during mayoral comments) 5.2 Resolutions to be presented to the TML Conference in October, 1998 and the NLC Conference in December, 1998 Mr. Lambert advised that Councilmembers who have a resolution to be presented at either of these conferences need to turn them in by the respective due dates of September 14 (TML) and August 14 (NLC) 6.0 EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.071 AND 074 OF THE LOCAL GOVERNMENT CODE RELATING TO LITIGATION AND PERSONNEL, TO-WIT: There was no executive session. 7/20/9~ A. Gibson v. City of The Colony B. Kamen v City of The Colony C. BNRCC v. City of The Colony D. City of The Colony v BNRCC E. Membership of The Colony Economic Development Corporation Board of Directors (4A) 6.1 Consideration of any appropriate action to be taken as a result of the executive session - n/a With no further business to address, Mayor Pro-tern Kovatch adjourned the meeting at 10:35 p.m. ~~vid K~~ ATTEST: ; P~tti A. Hicks, TRMC, City Secretary 10