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Home My WebLink About07/12/1999 City Council 00719 MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON JULY 12, 1999 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 12th OF JULY 1999 at CITY HALL, with the following roll call: Bill Manning, Mayor Absent (Personal) John Gordon, Councilmember Present Lewis Jue, Councilmember Absent (arrived at 7:15 p.m.) David Stanwick, Councilmember Present A1 Garcia, Councilmember Present John Dillard, Councilmember Present Jeff Meyers, Councilmember Present and with five )resent, a quorum was established and the following items were addressed: ITEM DESCRIPTION SOURCE STATUS 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Dillard Invocation - given by David Stanwick Pledge of Allegiance Dillard 1.1 Presentations to former Councilmembers Dillard Mayor Pro-Tem Dillard presented plaques of appreciation to former Councilmembers Bemetta Henville- Shannon and Bill Longo 1.2 Citizen Input - None 2.0 CONSENT AGENDA 2.1 Consideration of approval of the minutes of the council Hicks meetings held June 21, 23, and 28, 1999 Motion to approve - Stanwick, second - Garcia, carried with all ayes 2.2 Consideration of acceptance of letter of resignation from Council Dr. Richard Seidler from The Colony Economic Development Board (4A) Motion to approve - Stanwick, second - Garcia, carried with all ayes 2.3 Consideration of acceptance and award of bids to Stewart Sparkman/ and Stevenson Power, Inc. in the amount of $39,500 for the Lambert purchase of one 500 kW generator for the Wastewater Treatment Plant and approval of an ordinance authorizing contract for same Motion to table until July 26 - Stanwick, second - Gordon, carried with all ayes 2.4 Consideration of a resolution supporting the national low- Mayor/ sulfur gasoline and tier 2 emission standards proposed by Council the Environmental Protection Agency No action taken on this item 3.0 REGULAR AGENDA: 3.1 Presentation of the 1999-2000 Municipal Budget Lambert Tony Johnston, Finance Director, distributed Preliminary Annual Budgets. A budget retreat will need to be held. Included in this budget is a proposed 2¢ reduction in the property tax rate 3.2 Receive report from the Recycling and Environmental Weisman -- Coordinator regarding hazardous household waste John Pinchot, 4338 Newton, spoke in favor of a hazardous waste program. Shirlene Weisman, Recycling and Environmental Coordinator, gave an update on recent activities and requested a councilmember accompany her to a hazardous waste collection meeting on July 21. Councilmembers were to check their calendars and respond to her if someone is available. 3.3 Public Hearing and consideration of an ordinance Persaud approving an amendment to the concept plan for Planned Development (PD-9), being 271.213 acres located east of Paige Rd. north of S.H. 121, west of the railroad and south of the proposed Memorial Drive Harry Persaud, Planning Director, gave a brief explanation of this request. Discussion followed regarding the list of accepted uses zoned as "Light Industrial". Mayor Pro-Tem Dillard opened the public hearing. Delaina Hammock, 4504 Keys Dr., stated she was concerned that land facing SH 121 should not be zoned "Light Industrial". She would prefer "Business Park" zoning on SH 121 with "Light Industrial" behind it. Bemetta Henville-Shannon, 4156 Ballard Tr., said she would like to give the new EDC consultant an opportunity to present a plan prior to changing any zoning. She is also concerned with "Light Industrial" zoning on SH 121. Mayor Pro-Tem Dillard closed the public hearing. Motion to approve with Planning and Zoning and staff stipulations - Stanwick, second - Gordon Councilmember Meyers suggested splitting the tract to have "Business Park" zoning on SH 121 with "Light Industrial" behind. Councilmember Gordon felt splitting the tract would limit the developer and it should all be zoned "Business Park". Motion failed with a tie vote as follows: Aye: Gordon, Stanwick, Dillard No: Jue, Garcia, Meyers Due to tie vote, agenda item will be addressed at July 26 meeting. 3.4 Consideration of approval of a development plan for a tract Persaud of land being 271.213 acres located east of Paige Rd. north of S.H. 121, west of the railroad and south of the proposed Memorial Drive Motion to table until July 26 meeting - Stanwick, second - Meyers, carried with all ayes. 3.5 Consideration of approval of a preliminary plat for Lots 1- Persaud 2, Block 1, Centex Addition in The Colony Motion to approve with Planning and Zoning and staff stipulations - Stanwick, second - Garcia, carried with all ayes. 3.6 Consideration of approval of a final plat for Lot 1, Block 1, Persaud Centex Addition in The Colony Motion to approve with P&Z and staff stipulations - Stanwick, second - Meyers, carried with all ayes. 3.7 Public hearing and consideration of an ordinance granting Persaud a specific use permit to allow for a beverage store in the Business Park (BP) zoning district located on Lot 1, Block 2 of the Centex Addition located at the northeast corner of Standridge Drive and S.H. 121 Harry Persaud, Planning Director, gave a brief explanation of this request. Mayor Pro-Tem Dillard opened the public hearing. Elizabeth Talley, 7510 Lakeland Dr., said that Flower Mound put a "freeze" on building and we should be able to find a way to do the same with the SUP's for liquor stores. Bemetta Henville-Shannon, 4156 Ballard Tr., asked why the Council goes through the SUP process when legally they cannot deny the SUP. She stressed enforcing the SH 121 Guidelines. Joyce Fulco, 4712 Clover Valley, questioned the placement of the sign for the City of Lewisville east of Standridge Dr. Mr. Persaud explained that the right-of-way of SH 121 in that location is actually City of Lewisville. Bruce Scofield, 4517 Newport, stated he was against the liquor stores and encouraged Council to do what was right. City attorney, John Hill, noted that in two different lawsuits, different judges gave different reasons for denying the City the right to refuse the SUP's for liquor stores. Nancy Green, 5932 Sandhill, shouldn't have to live with the decision to be a "wet" community made twenty years ago by a few citizens. Bob Mitchell, 5064 Ashlock, noted that Council is against zoning "Light Industrial" on SH 121, but will approve SUP for another liquor store. John Hill explained that three lawsuits were filed two years ago and that the Texas Alcoholic Beverage Code stated the City cannot discriminate against businesses. He gave a brief overview of the lawsuits and recommended that the City Council not deny the requested SUP. Councilmember Stanwick encourage citizens to let officials at the State level know of their concerns. Mayor Pro-Tem Dillard closed the public hearing. Motion to approve with staff and Planning and Zoning Commission stipulations - Stanwick; second - Garcia, carried with all ayes. Recess - 9:00 p.m. - Reconvene - 9:05 p.m. 3.8 Consideration of approval of the site plan for Lot 1, Block Persaud A, Maintenance Parking Addition (LISD) Motion to approve - Stanwick, second - Garcia, carried with aH ayes. 3.9 Consideration of approval of a final plat for Legend Crest, Persaud Phase III Motion to approve - Gordon, second - Meyers, carried with all ayes. 3.10 Consideration of acceptance of a proposal from Hunter Lambert Associates for a street repair analysis Motion to table until July 26 meeting - Stanwick, second - Jue, carried with all ayes. -- 3.11 Consideration of appropriate action with regard to proposed Lambert/ street repairs Council Councilmember Stanwick said he would like to see staff begin bond election procedure. Mayor Pro-Tem Dillard directed staff to bring a recommendation regarding whether or not to have a bond election to the next meeting. No action was taken regarding this item. 3.12 Appointment of a negotiation team to meet with developers Lambert/ regarding the proposed Tax Increment Financing district Council Doug Hartman, First Southwest Company, presented an "Analysis of the Austin Ranch Tax Increment Financing District". He stated that everything hinges on growth projection and if the other two entities (County and School District) do not participate, it would be to no advantage for the City to participate. Don Blackwood, Austin Ranch, stated that other developers (namely Shula Netzer) would also be a part of the negotiations. John Hill, City Attorney, said he has done an analysis of the TIF and CDD and will forward it to the Council. No action was taken on this item. 4.0 CITY MANAGER AND STAFF REPORTS Well No. 2 passed all tests and is back in service. The mandatory rationing phase is lifted, however, voluntary rationing will be encouraged. 5.0 DISCUSSION ITEMS: 5.1 City Hall Renovation Project Mr. Lambert reported that City Hall is 80-85% complete. 5.2 Wastewater Treatment Plant Improvements Mr. Lambert explained that Wastewater Superintendent, Mike Sloggett, has projected reconstruction of one sewer lift station per year. 5.3 Other Councilmember Garcia commended Pam Nelson, Parks and Recreation Director, and other involved in the "Liberty by the Lake" celebration on July 3. With no further business to address, Mayor Pro-Tem Dillard adjourned the meeting at 9:55 p.m. ATTEST: ]~a~n I~illar ,a~Mayor Pro-Tem - rR~tthann(Dev~i'n, ~el~uty-dity' Secretary