HomeMy WebLinkAbout12/14/1998 City Council 0 (I
MINUTES OF THE REGULAR SESSION
HELD ON
DECEMBER 14, 1998
The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to
order at 7:35 p.m. on the 14th day of December, 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 and the following items were addressed:
ITEM DESCRIPTION SOURCE STATUS
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS
AND PROCLAMATIONS:
Call to Order Watts
Invocation -Rev. Kenneth White, Friendship Baptist White
Pledge of Allegiance Watts
1.1 Employee Recognition Burkett
The following employees were recognized for their
tenure with the City:
20 years-Charles Vance; 15 years-Jay Petty, Carolyn
LeMaire. Ms. LeMaire is the longest tenured part-time
employee with the city. 10 years- Lise Rizzo; 5 years-
Davy Sanchez, Doyle Overfelt, Rocky Testerman; 3 years-
Bobby Davis; 2 years- Mario Cisneros, William Trimble,
Terry Tawney, Joseph Chase, Bobby Fox, Tim Goodwin,
Chuck Wood
1.2 Receive Presentation from Denton County Commissioner Krueger
Jeff Krueger regarding the upcoming county bond election
Commissioner Krueger and Don Blackwood, V.
Chairman of the bond committee reported to the council
regarding the upcoming $85 million bond election on
January 16, 1999. Approximately $35 million will be spent
within a 10 mile radius of The Colony. Projects include
FM 423, Wynnewood/Boyd, 121 Bypass, and Josey Lane
extension. This is seed money with other funding coming
from the cities, private developers and other sources. The
timing for projects will depend on the cities timing and
amount of participation. This is a long, on-going process.
The city must prepare as early and as much as possible to
improve our position with TxDOT. City staff will brief
the committee on the City's thoroughfare plan. In 5-7 years
another bond package will be proposed to continue this
process.
1.3 City Manager and Staff Reports Lambert
· Trash and recycling pick-up scheduled for Friday
December 25 and January 1 will be on Saturday,
December 26 and January 2.
·City Clean-up successful with 21,870 cubic yards of
debris disposed of
·Work Session to discuss water and sewer rates is set
for January 11, 1999.
· Chief Clark reported that the defibrillators are
installed in patrol cars; the officers have received
training and will be used on all three shifts.
· Fire Marshal, Dave Wallace, reported that the
paramedic engine, equipped with all necessary
supplies to start invasive care if the ambulance is
unavailable, is up and running.
1.4 Mayoral Comments
·The Santa Claus stickers at council places are from Watts
the Library.
·Albertson's provided the corsages and boutonnieres
for Councilmembers.
· Mayor Watts gave a report on her trip to Kansas City
to attend the National League of Cities conference.
The focus was on youth. She gave a brief overview
of how to conduct an effective meeting.
·Mayor Watts presented gifts to each Councilmember
and to Mr. Lambert.
· Councilmember Henville-Shannon presented gifts to
each Councilmember and to Mr. Lambert
Citizen Input
1.5
Todd Duerksen encouraged council to consider some
kind of traffic control at the intersection of Keys and N.
Colony Blvd.
3.7 Reconsideration of vote taken on December 7, 1998 to fill Kovatch
vacancy on Economic Development Corporation Board
(4A) and consider appropriate action including removal of
any appointed board member
Mayor Watts played the portion of the videotape of the
December 7, 1998 meeting regarding the appointment
made to the 4A board.
Councilmember Kovatch said he thought the approach
was confusing and that the vote on the 4A board was not
clear. He did not know there was a tie vote between top
"vote getters" until he saw the ballots. He said that no one
got a majority of votes from council and that it would be
best to take nominations and re-vote on the 4A
appointment.
Motion to re-do the vote on 4A held December 7, 1998-
Kovatch, second-Dillard.
Mayor Watts asked Lois LeBlanc to address the council.
Lois LeBlanc, who was appointed to the 4A board at the
December 7, 1998 meeting, asked which vote was being
questioned, the one taken in the council chambers or the
one taken in Executive Session.
Councilmember Kovatch stated this is no reflection on
Ms. LeBlanc but with the approach (to the vote). Ms.
LeBlanc asked where the vote was taken and
Councilmember Kovatch stated votes are not taken in
Executive Session. Ms. LeBlanc said by watching the tape
it is clear that the motion to appoint her was passed with all
ayes. Mayor Watts advised this is not a time for dialogue.
Councilmember Kovatch stated he thought the vote was
to ratify the appointment of a person who received the most
votes and that he later found out that was not the case.
Councilmember Longo said he was not pleased with the
way things were handled last week and if Councilmember
Kovatch would withdraw his motion, then he (Longo)
would make a motion to throw out all appointments and
vote on all boards again.
Councilmember Dillard called the question.
Motion to adjourn-Longo; second-Henville-Shannon,
failed with the following vote:
Ayes - Longo, Henville-Shannon
No - Stanwick, Garcia, Dillard, Kovatch, Watts
Councilmember Kovatch amended his motion:
Amended to table until the next regular session and to
re-do aH board appointments.
Mr. Lambert advised that based on the city attorney's
statements, the council took a legal vote at the last council
meeting whether they understood it or not and now to
remove any of the board members you would have to
remove each and every one individually. He said he does
not think they can reconsider the action they took. He
agreed it was a confusing process. Councilmember Longo
said he intends not to do anything about the board
appointments.
Mayor Watts stated that Ms. LeBlanc and Mr. Obi
received 3 votes for EDC 4A. Mr. Obi had also received 6
votes for P&Z and previous council action had appointed
him to P&Z. That left Ms. LeBlanc with more votes than
any other applicants and it would have been appropriate to
appoint her whether there was a tie or not. When the
motion was made, no other nominations were made. The
council will be accepting the resignation of Kate Jarvella
tonight and Ike Obi can be nominated to fill that position.
Mayor Watts questioned why Councilmember Kovatch was
intent on changing this whole process because of the person
who was appointed, when everyone, including the attorney
was happy with it last week.
Councilmember Kovatch stated it was not because of
the person, but because of the way the issue was handled.
He said there were comments made at the time concerning
the paper ballots. He continued stating he did not intend
for this item to become so controversial or to become a
circus. He said he had not intended to cause Ms. LeBlanc
any undue pain. He stated that he had assumed the council
would vote again, and Ms. LeBlanc would be appointed.
He said he was concerned that someone was appointed
without receiving a majority vote of the council and that
the council was not made aware of that. Councilmember
Kovatch said in the interest of Ms. LeBlanc's sanity and in
the interest of the city's sanity he will withdraw all motion~
and the agenda item. Councilmember Dillard withdrew his
second.
At this time, Mayor Watts moved item 6.0 (B) up on the
agenda due to the number of people who wish to speak to
the item. She announced the item was posted for Executive
Session, however, Mr. Randy Robinson has requested the
matter be discussed in open session.
Removal of Randy Robinson from The Colony EcOnomic'
6.0 B Development Corporation Board of Directors (4A) ~'
Councilmember Longo said his .,concern was not
personal but because Mr. Robinson is a non-resident.
Motion to remove Randy Robinson from the 4A board
because he has no financial responsibility in The
Colony-Longo; second-Henville-Shannon.
Randy Robinson, 1090 Cedar Creek, Argyle, Texas,
addressed the council, stating he wants to clarify some
misconceptions. In January 1999, he will become the
immediate past president of The Colony Chamber of
Commerce and as such will still have full voting rights on
the board and will be the Chair of the nominating.
committee. He will continue to work on the programs of
work for the Chamber. Mr. Robinson explained that his
position with First State Bank makes him responsible for a
defined market area, which includes The Colony. He said
he was approached by the city to serve on the committee to
get the 4A and 4B sales tax passed and that he is just as
passionate about that issue today as he was then.
The following persons spoke in favor of retaining Mr.
Robinson on the board based on his expertise, financial
knowledge and energy:
John Gordon, 5116 Brandenburg
Dr. Rich Seidler, 5000 Main St. Suite 206
Jeff Meyers, 7065 Longo
Vicki & Jim Briggs, 4800 Pemberton
William Jamme, 5405 Sutton Place
Don Blackwood, 3313 Plano Pkwy.
Dr. Bill Manning, #2 James Circle
Tim House, Double Oak, Texas
Lavell Garner, 5000 Main Street
Councilmember Longo said he agrees with the words of
praise for Robinson, but sometimes a Councilmember has
to do unpopular things and that he placed this item on the
agenda so it could be put to rest.
Councilmember Henville-Shannon agreed that Mr.
Robinson has done a good job but said there has been a
concern and the only way to discuss it is if it is on an
agenda.
Councilmember Garcia said seeing the support Mr.
Robinson has from the citizens ensures that is what they
(citizens) want.
Councilmember Dillard agreed and requested a vote on
the motion.
Councilmember Kovatch said this has been a question
for some time and now it is on an agenda for action.
Mayor Watts noted that in the balloting on December 7,
1998, she had voted for Barry Anderson who is also a non-
resident so that was not an issue for her. She said that prior
to being named as liaison to the 4A board, she worked on
economic development for the city, inviting a group of
commercial real estate brokers and members of the 4A
board members to city hall to discuss the future of our city.
Mayor Watts said it was difficult to get attendance at that
meeting and cited several instances where 4A board
members had not attended board meetings or council
meetings when the 4A board had items to discuss with
council. She stated that Mr. Robinson had missed several
meetings.
Mayor Watts said the concerns (about Mr. Robinson's
membership) probably began when a couple of board
members bought land and financed the purchase through
Mr. Robinson's bank. She said it was totally legal, but did
call to question several issues. Mayor Watts continued
stating that there was an opening on the 4A board and one
of the applicants was the accountant for those three board
members.
Mayor Watts reminded everyone that she and
Councilmember Kovatch had been asked to resign their
positions on the 4B board for political reasons and for the
good of the city. She went on to say if the council is
looking for expertise, then there are four Councilmembers
that have served on the Economic Development Board and
have more expertise than Mr. Robinson has.
Mayor Watts said she had hoped for the sake of the 4A
Board and this community that this conversation would not
have to be held. She said apparently the funding of this
board, the million dollars in the first year, seems to have a
tremendous attraction for people and that she was sorry that
it every passed.
Vote on the motion was taken as follows:
Ayes - Longo, Henville-Shannon, Watts
No - Stanwick, Garcia, Dillard, Kovatch
Councilmember Henville-Shannon asked the City
Secretary to gather all information regarding rescinding the
4A tax.
9:45 p.m.
Recess
10:00 p.m.
Reconvene
2.0 CONSENT AGENDA
2.1 Consideration of approval of an ordinance amending the Persaud Pub. Hrng.
Comprehensive Zoning Ordinance by granting a specific 12-7-98
use permit number 70 providing for the sale of beer, wine
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and liquor for on-premise consumption in a restaurant at
the following location (Angelina' s):
Lot one, Block A, Lago Vista Addition
Motion to approve as presented-Dillard; second-
Henville-Shannon, carried with all ayes.
2.2 Consideration of authorizing the purchase of three sA ton Sparkman
pickups and one 1 ton cab and chassis for the Parks &
Recreation Department in the amount of $73,320.40, from
Houston-Galveston Area Council of Governments and
approval of an ordinance authorizing contract for same
Motion to approve as presented-Dillard; second-
Henville-Shannon, carried with all ayes.
2.3 Consideration of approval of an ordinance authorizing and Burkett
allowing, under the act governing the Texas Municipal
Retirement system, an increase in the deposits to the
System, by employees, to the rate of 6% of their individual
earnings
Motion to approve as presented-Dillard; second-
Henville-Shannon, carried with all ayes.
2.4 Consideration of authorizing the expenditure of $45,000 for Ramsey
the installation of a signal light at F.M. 423 and Memorial
Drive by The Colony Economic Development Board (4A)
Motion to authorize expenditure not to exceed $45,000
and that the funds should not be allocated until the
signal light is constructed-Kovatch; second-Stanwick,
carried with all ayes.
2.5 Consideration of authorizing the expenditure of $83,500 for Ramsey
the city's portion of the cost to relocate the Lone Star Gas
pipe line for the Josey Lane extension by The Colony
Economic Development Board (4A)
Motion to authorize expenditure not to exceed $83,500
contingent upon receipt of an itemized bill from Lone
Star Gas-Kovatch; second-Dillard, carried with all ayes.
2.6 Consideration a resolution approving the investment policy Johnston
for the City of The Colony
Motion to approve as presented-Dillard; second-
Henville-Shannon, carried with all ayes.
2.7 Consideration of approval of expenditures from Impact Johnston/
Fees for Capital Projects Lambert
Motion to approve as presented-Dillard; second-
Henville-Shannon, carried with all ayes.
2.8 Consideration of acceptance of resignation from Kate Council
Jarvella from The Colony Economic Development Board
Motion to approve as presented-Dillard; second-
Henville-Shannon, carried with all ayes.
2.9 Review and approval of monthly council expenditures Council
Councilmember Stanwick pointed out that the purchase
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of books from KC is the kind of expenditure that should be
pre-approved by council in the future. These books were
ordered prior to the implementation of the new policy.
Mayor Watts questioned the $30.00 annual fee on city
credit cards. Councilmember Garcia asked if air miles
could be accumulated through using city credit cards.
Tony Johnston will investigate
Motion to approve as presented with council questions Lambert
to be answered in 30 days-Kovatch; second-Henville-
Shannon, carried with all ayes.
3.0 REGULAR AGENDA:
3.1 Public Hearing in regard to the construction of a second Lambert
right hand turn lane from eastbound North Colony
Boulevard onto southbound F.M. 423 (Main Street) and
consideration of any appropriate to be taken
Motion to open the public hearing-Kovatch, second-
Dillard, carried with all ayes.
Dr. Bill Manning, #2 James Circle, stated he has been
interested in this project for some time. He stated he drives
this intersection every day in the morning and the evening
and has found this year, through the use of signal light
timing, there is not a major traffic back up. He did
encourage the council to have plans in place so they can be
acted on quickly in case the need arises, but to do nothing
right now.
Mr. Lambert and Abel Saldafia presented the options;
acquiring r-o-w for future widening of F.M. 423 to six
lanes, moving the control box to the northeast corner on
city property, reconfigure the cycle for the signal light. Mr.
Lambert said based on testimony tonight, he does not
believe there is a major problem at this time.
Motion to close the public hearing-Kovatch; second-
Henville*Shannon.
Councilmember Dillard stated that based on input from
Stewart Peninsula residents there is not a problem.
Councilmember Stanwick asked staff to bring the costs for
putting in a right turn signal to council in January
Motion to close the hearing carried with all members
voting aye.
3.3 Consideration of authorizing the city staff to pursue Nelson
acquiring a lease with the Corps of Engineers for Eastvale
Park and a subsequent sub-lease with Land Advisors, Inc.
for development, maintenance and operations of the park
Council discussed the impact this new park might have
on Stewart Creek and Hidden Cove Parks. The
development proposed by Land Advisors, Inc. will proceed
based on the installation of infrastructure and utilities to the
park.
Motion to authorize staff to pursue a lease with the
Corps for Eastvale Park and a sublease with land
Advisors, Inc.-Dillard; second-Garcia.
Ms. Nelson advised that if the city leases the park from
the Corps without securing a sublease from Land Advisors, __
there would be financial impact to the city for maintaining
the park. She further advised the fees would be comparable
with Stewart Creek and Hidden Cove. Councilmember
Longo stated the city should not let a developer take over
this park.
Johnny Smith, 4512 Keys, representing Land Advisors,
Inc. and Lone Star Ranch said the Park is not currently well
maintained. They want to invest their own money to make
it look nice. He noted any retail development would
depend on the availability of infrastructure.
Mayor Watts asked if the developer would provide
money for a signal light and a feasibility study.
Councilmember Longo withdrew his negative comments
regarding the proposal, but stated that he believes it will
hurt Stewart Creek Park financially.
Mr. Smith advised April 1, 1999 is the target date, there
will be no environmental impact and went on to say it is
not feasible to do a feasibility study on such a small tract of
land.
Councilmember Dillard called the question.
Mr. Lambert advised the council that Parks &
Recreation could develop this park with funding, but went A
on to say we don't have the funding and the developer
does.
Motion carried with all members voting aye.
3.5 Consideration of approval of a conveyance plat for The Persaud
Colony Water Tower Site dedication, Lot 1, Block 1
Motion to approve as presented-Dillard; second-Garcia,
carried with all members voting aye
3.6 Consideration of approval of a conveyance plat for the Persaud
Memorial Park site dedication, Lot 1, Block 1 Legend Crest
(IV) generally located east of Paige Rd and north of State
Hwy. 121
Motion to approve dedication of land to the Texas
Parks and Recreation Foundation subject to (1)
developer's agreement regarding utilities (2) phase 1
environmental assessment and (3) acceptable state of
title-Stanwick; second-Henville-Shannon, carried with
all members voting aye
3.4 Consideration of authorizing an amendment to the Ramsey ~
Comprehensive Policy Statement of Economic
Development incentives
Motion to approve as presented-Henville-Shannon;
second-Longo
Discussion regarding pro-rating the percentage.
Motion amended to delete reference to pro-rata
Mr. Ramsey stated we have to compete with our
neighbors and advised Frisco has a five-year program with
a forgivable loan and after the first year, the first year is
forgiven. Councilmember Stanwick suggested 100% after
three years.
Motion amended to include 100% after three years
from the certificate of occupancy
Councilmember Kovatch suggested that the board re-
think this and come back to council at a later date.
Motion carried with all members voting aye except
Kovatch who voted no.
3.2 Consideration of a proposal from Hunter Associates Lambert
regarding a study of five intersections along S.H. 121
(Paige, Momingstar, Blair Oaks, Main and Standridge) -
Not addressed. Will be on the January 4 1999 agenda
4.0 OLD BUSINESS UPDATE Lambert
5.0 DISCUSSION ITEMS: Due to the hour these items
were not addressed
5.1 Water Meter Technology Lambert
5.2 Noise ordinance amendments and direction to staff Kovatch
5.3 Draft Street Light Policy Lambert
5.4 Establishing a teenage activity facility Longo
5.5 Other
11:50 p.m. EXECUTIVE SESSION AS AUTHORIZED BY
6.0 SECTION 551.074 OF THE LOCAL GOVERNMENT
CODE RELATING TO PERSONNEL, TO-WIT:
A. Annual performance evaluation of City Manager Council
B. Removal of Randy Robinson from The Colony
Economic Development Board of Directors (4A)-
addressed earlier
C. Appointments to The Colony Economic Development
1:05 a.m. Board of Directors (4A) -Not addressed
6.1 Consideration of any appropriate action to be taken as a Council
result of the executive session
Motion to increase the city manager's salary to $81,000
per year-Henville-Shannon; second-Longo, carried with
all ayes.
With no further business to address, Mayor Watts adjourned the meeting at 1:10 a.m.
APPROVED:
1VI~r;B i-a~W~tts, 1~ a-fo-r
Patti A. I~cks, TRMC, City Secretary