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HomeMy WebLinkAbout08/16/1999 City CouncilMINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON AUGUST 16, 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 16th day of August 1999, at City Hall, with the following roll call: Bill Manning, Mayor Present John Gordon, Councilmember Present Lewis Jue, Councilmember Present David Stanwick, Councilmember Present A1 Garcia, Councilmember Present John Dillard, Councilmember Present Jeff Meyers, Councilmember 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 Manning Invocation - Tommy Jackson, Calvary Temple Jackson Pledge of Allegiance to the United States Flag Manning Salute to the Texas Flag 1.1 Mayoral Proclamation declaring Power Team Days Manning Members of the Power Team were present and invited all to attend the events at Calvary Temple this week. 1.2 Citizen Input Nancy Shaw, 5740 Perrin, stated that the construction on Morningstar has been a constant problem, causing trash to blow into her yard. She produced a large trash bag full of debris from her yard. Richard Kuether, 4109 Driscoll, expressed concern about the water crisis and said the city should not spend money for anything except water, i.e. new city hall, sports complex, even streets. 2.0 CONSENT AGENDA 2.1 Consideration of approval of the minutes of the council Hicks/ meetings held August 2, 5, and 9, 1999 Devlin Motion to approve the minutes as written - Stanwiek; second - Dillard, carried with all ayes. 2.2 Consideration of renewal of the contract with Mary Horn, Johnston Denton County Tax Collector, for tax collection services Motion to approve the contract as written - Stanwick; second - Dillard, carried with all ayes. 2.3 Consideration of a resolution authorizing a 2% increase in Lambert the rate for residential solid waste services as allowed by the contract between the City of The Colony and IESI Motion to approve the resolution as written - Stanwick; second - Dillard, carried with all ayes. 2.4 Review and consideration of council expenditures for the Council month of July Motion to approve the expenditures as presented - Stanwick; second - Dillard, carried with all ayes. 2.5 Consideration of amending Article V of Chapter 6 deleting Dunlap "Single Family Licensing" and deleting the requirement for inspections of single family residences on change of occupancy Richard Kuether, 4109 Driscoll, said if there is no inspection of properties, they will get run down. Councilman Dillard stated that this inspection generates the second largest number of complaints that he receives. He said it is a waste of time and money. Motion to approve the amendment as written - Dillard; second - Stanwick, carried with all ayes. 3.0 REGULAR AGENDA: 3.1 Public Hearing regarding the proposed 1999-2000 Lambert/ municipal budget Johnston Mayor Manning opened the public hearing. There was no public input. Mayor Manning closed the public hearing. 3.2 Consideration of a preliminary plat for Legend Heights Persaud Mr. Persaud advised that P&Z recommends approval with 5 stipulations: Cheyenne and Durango Drives will be widened at their connections to Worley Drive to incorporate left turn lanes. · A 20'x20' visibility access maintenance easement will be shown on the plat at the intersection of S. Colony Blvd./Memorial Drive, Worley Drive/ Memorial Drive, and Worley Drive/Paige Road. ·Remove the alley entrance between lots 18 and 19, Block D. · The alley entrances for Block A will be reconfigured to minimize the number of alley entrances and to avoid longitudinal lineups with the cul-de-sacs east of Cheyenne Drive. · The alley approaches at the cul-de-sac ends of Redwater Ct. and Waterwood Ct. shall be redesigned to accommodate turning movements. Mr. Cary Cobb, Intermandeco, stated they agree and are happy with these stipulations and staff comments. Discussion followed regarding the status of the 60' row agreement and the value of the land. Mayor Manning said the city needs to be sure to get the best value. Mayor Manning also expressed his concerns about the proposed 40' lots. Mr. Cobb said this is a new market focusing on the empty nester, double income with no kids, etc. He said the market would dictate when this phase is constructed, but noted it is not on the immediate horizon. He said builders are excited about the new product and advised there are examples in Stonebridge Ranch and in Addison. Mr. Cobb stated the 20' landscape buffer (along Paige) would be similar to that along Morningstar. Mayor Manning again stated he does not like the 40' lots. Motion to approve the plat with staff and P&Z stipulations - Stanwick; second - Dillard, carried with all ayes. 3.3 Lambert/ Consider adoption of a resolution declaring official intent Johnston to reimburse certain expenditures made prior to the issuance of tax-exempt obligations Mr. Johnston advised the council that our bond counsel has prepared a reimbursement resolution that will allow the city to recoup its cost for any expenditure taking place before the actual funding mechanism is in place. The resolution does not in any way obligate the city for future borrowing. This document covers funding issues that will be discussed in the budget, the police department software and the purchase of land from JNC. The total amount is $1,900,000 - $1 million for the land and $900,000 for capitals. Motion to approve the resolution for reimbursement in the amount of $1,900,000.00 - Dillard; second - Stanwick, carried with all ayes. 3.4 Lambert/ Consideration of authorizing a loan in an amount not to Johnston exceed $1,000,000.00 for the purpose of purchasing from JNC Properties, LLC, approximately 80.52 acres of property located generally west of Paige Road and north of State Highway 121 for the purpose of developing certain community facilities, including but not limited to a multi- sports complex Richard Kuether, 4109 Driscoll, said the city should not spend money on anything but water. Rich Lewis, 5013 Ashlock, reminded the council of the history of this land purchase and encouraged them to approve the contract to purchase the land. He said we would never be able to build the sports complex if we don't buy the land and that money from the Austin Ranch development will be paying for it. Mr. Lewis reminded everyone that the sales tax passed because of this plan. Mr. Johnston advised that we already have $1,000,000 00723o in the bank from the Austin Ranch project, which will cover ½ of the cost of this land. He went on to say that each year in December we are scheduled to receive $300,000 from the Billingsley's (Austin Ranch) which will go toward paying off the debt. Mr. Johnston also reminded council that the city does have a letter of credit for $1,000,000 from the Billingsley's as well. Motion to authorize a loan in the amount of $1,000,000 for the purchase of 80.52 acres from JNC Properties - Gordon; second - Meyers, carried with all ayes. 3.5 Lambert Consideration of authorizing a contract with JNC Properties, LLC, for the purchase of approximately 80.52 acres of property located generally west of Paige Road and north of State Highway 121 for the purchase price of Two Million Dollars ($2,000,000.00) for the purpose of developing certain community facilities, including but not limited to a multi-sports complex Stephanie Wiggins, 5005 Crawford, encouraged the council to purchase this land because we need a new sports facility. The kids need more to do and the (existing) recreation center is not big enough. Councilmember Stanwick asked if the closing could be moved to October 15 to coincide with the date the city would have the funds available. Mr. Sheveland could not authorize that change, but said he would relay the request. John Hill said the inspection period is now 30 days as is reflected in Section 6.1. Mr. Hill said the reference to the 20 day inspection period in section 8.4 should be deleted. It was clarified that both parties will share the cost of construction of all infrastructure in the right-of-way and outside the right-of-way as well on a pro-rata basis. Motion to authorize the contract with changes made by the city attorney and with the closing date set at October 15, 1999 - Stanwick; second - Gordon, carried with all ayes. 3.6 Persaud Consideration of approval of a preliminary and final plat for property located at the northwest comer of Morning Star and SH 121 (Bicentennial Beverage) Mr. Persaud presented the information regarding certain stipulations on the case. Mayor Manning asked for information on the company, Universal Metro Holdings and Bicentennial. Mr. Jerry Glen, who was representing the owners, advised that Universal Metro Holdings sprang from One Stop Stores. He further advised this would be the first Bicentennial Liquor Store. Motion to approve subject to staff and P&Z stipulations - Stanwick; second - Dffiard, 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 Planned Development District PD-9 on property located at the northwest corner of Morning Star and SH 121 Mayor Manning opened the public hearing. The following persons spoke in opposition of the SLIP: Richard Kuether, 4109 Driscoll; Brad Harris, 4413 Shadow Ridge; Chris Jansen, 4212 Creek Hollow Way. All speakers said there are too many liquor stores and asked if there is any way to limit the number. Mr. Kuether said we should deny the SLIP even if it means we go back to court. Kirk Mikulec, 5925 Cypress Cove, said he believes the market will dictate who survives and that he doesn't want any more money spent on lawsuits. Councilman Meyers asked if the name Bicentennial would be a conflict with the existing Centennial Liquor Store. Mr. Hill said it might be but that would be between the parties, and would not involve the city. He did note that if the name changed from Bicentennial, an amendment to the site plan would be required. Councilman Dillard advised that the city does not ask liquor stores to come into The Colony, but said they do have a legal right to be here. He said that legislation or a wet/dry election would be the only way to stop them. Mayor Manning closed the public hearing. Motion to approve the specific use permit with staff and P&Z stipulations - Gordon; second - Stanwick, carried with all members voting aye. 3.8 Ristagno/ Consideration of an ordinance amending Chapter 2 by Hicks adding Section 2-20 establishing a Municipal Court Technology Fee in the amount of $4.00 Motion to approve the ordinance as written - Stanwick; second - Garcia, carried with all ayes with the exception of Councilman Dillard who voted no. 3.9 Gordon/ Consideration of a resolution supporting the use of State Jacobs Infrastructure Bank funds to expedite the development of State Highway 121 main lanes from the Denton/Collin County line to the Dallas Fort Worth International Airport Motion to approve the resolution as written - Stanwick; second - Dillard, carried with all ayes. 3.10 Nelson Consideration of authorizing amendment to the Adopt-A- Park Guidelines Motion to approve as written - Stanwick; second - Dillard, carried with all ayes. 0O7235 3.11 Consideration of ratifying emergency expenditure of Lambert $13,467.00 to re-activate paluxy well site number 1 Mayor Manning asked where the money is coming from and Mr. Lambert advised it would come from the fund balance in the Utility Fund. Motion to approve as presented - Stanwiek; second - Dillard, carried with all ayes. 3.12 Consideration of repair options for Water Well No. 3 - Lambert This action was postponed until after the executive session ~ ,~ and following that session no further action was needed on this agenda item. 4.0 CITY MANAGER AND STAFF REPORTS * Mr. Lambert gave information to the council regarding Lambert County Development Districts (CDD); Public Improvement Districts (PID) and Municipal Management Districts (MMD). ,., 5.0 DISCUSSION ITEMS: 5.1 Exterior Lighting Standards Persaud 8-9-99 The council to expedite these standards as soon as Retreat possible gave Mr. Persaud. 5.2 Other - none 8:25 p.m. Recess 8:40 p.m. 6.0 EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551 OF TItE GOVERNMENT CODE City Attorney A. Consultation with City Attorney pursuant to Section Lambert 551.071, Tex. Gov. Code regarding: 1. Pending litigation: Arthur F. Gibson v. City of The Colony, Texas, Cause No. 95-40151 2. Potential Litigation with Layne-Texas Council B. Deliberation to evaluate the compensation of Interim Public Works Director, pursuant to Section 551.075, Tex. Gov. Code 10:38 p.m. Reconvene in open session. 6.1 Consideration of any action to be taken as a result of the executive session 1. Pending litigation: Arthur F. Gibson v. City of The Colony, Texas, Cause No. 95-40151 -No action taken 2. Contemplated litigation with Layne-Texas Motion to finalize the contract with Layne-Texas (finish the projec0 in an amount not to exceed $150,000 subject to final review by the city manager - Stanwiek; second - Dillard, carried with all ayes. I 3. Compensation of Interim Public Works Director - No action taken With no further business to address, the meeting was adjourned at 10:40 p.m. APPROVED: William W. Manning, Mayor ATTEST: Patti A. Hicks, TRMC/C/~I(~/AAE City Secretary