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HomeMy WebLinkAbout02/28/2000 City Council OO732? CITY OF THE COLONY DENTON COUNTY, TEXAS FEBRUARY 28, 2000 The REGULAR SESSION of the CITY COUNCIL of the City of The Colony, Texas, was called to order at 6:30 p.m. on the 28th of February 2000, at CITY HALL with the following roll call: Bill Manning, Mayor Present John Gordon, Councilmcmber Present Lewis Jue, Councilmember Present David Stanwick, Councilmembcr Present A1 Garcia, Councilmember Present John Dillard, Councilmembcr Present Jeff Meyers, Councilmembcr Absent (Arrived at 7:00 p.m.) A quorum was established and the following items were discussed: ITEM DESCRIPTION SOURCE STATUS 6:30 p.m. WORK SESSION to diScuss the 1999 Thoroughfare Saldafia Bond Program, Phase I regarding the reconstruction of substandard width streets Mayor Manning instructed staff to be sure that the existing thoroughfare plan is designated as such so that it can be distinguished from any proposed thoroughfare plan. Mr. Saldafia explained the concerns with the width of Baker, Arbor Glen and Ragan Drives, noting they are 27' back to back. He said a suggestion has been made to widen them at the time the street repair is done. Mr. Saldafia advised staff's recommendation is to leave the streets at their current width. He stated there are lots of trees in the parkway that would have to be removed and that it would be costly to mitigate those trees. He further stated widening the streets would cause the sidewalk to beat the street curb. Councilman Stanwick said he had walked along Arbor Glen and had spoken to about half of the residents on that street. He said about half the people he talked to were opposed and the other half were in favor or had no preference. Councilman Stanwick said those in opposition were concerned about losing the trees and the increase of traffic a wider street might cause. Councilman Gordon said he believes that Memorial Drive will relieve a lot of the traffic now on Arbor Glen. He also suggested that establishing no parking on one or both sides would help (with traffic flow). After a brief discussion, the council consensus was to leave the street width as is. Mayor Manning did request the city manager to get input from the Fire Department regarding their ability to get emergency equipment down these streets. Another concern was high school students parking along Arbor Glen and it was suggested that the city contact LISD to see if something could be done to encourage students not to park along that street. 7:10 p.m. REGULAR SESSION: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Manning Call to Order Invocation - Holy Cross Catholic Church - Chris Murray Manning Pledge of Allegiance to the United States Flag Salute to the Texas Flag 1.1 Mayoral Proclamation regarding Knights of Columbus Manning Scott Pearce accepted the proclamation and thanked the Mayor and Council for this recognition Presentation of NTLS Government Official of 1999 award Sveinsson to James W. Althaus Mayor Manning presented Mr. Althaus with this award recognizing him for his active support of and contributions to library services in our community, Denton County, the region and the state. Receive presentation from Denton County Commissioner Krueger Jeff Krueger Councilman Garcia introduced Commissioner Kmeger and thanked him for his assistance in getting the second right turn lane at N. Colony Blvd. and Main Street accomplished. Councilman Garcia stated that he had wanted to get this project underway and contacted Commissioner Krueger about using some of the bond money for this intersection improvement. Commissioner Krueger said this is just a small part of what will be accomplished with the $85 million bond package approved last year. 1.2 Presentation of the Comprehensive Annual Financial Mansfield Report Award Gwen Mansfield, Accounting Manager, presented the above award to the City Council. This is the l0th consecutive year the city has received this award. Citizen Input - None 2.0 CONSENT AGENDA 2.1 Consideration of approval of the minutes of the council Hicks meetings held February 7, 2000 Motion to approve the minutes as written-Garcia; second- Dillard, carried with all ayes. 2.2 Review and consideration of council expenditures for the Council month of January Motion to approve the expenditures as presented-Garcia; second-Dillard, carded with all ayes. 2.3 Consideration of acceptance of a letter of resignation Council from Laura Bickerstaff from the Parks & Recreation Board Motion to approve the minutes as written~3arcia; second- Dillard, carried with all ayes. 2.4 Consideration of approval of a budget amendment in the Chutchian amount of $30,000 for the inspection of elevated and ground storage facilities Motion to approve the budget amendment as presented- Garcia; second-Dillard, carried with all ayes. 2.5 Consideration of approval of a change order to the Chutchian contract with Red River Construction Co. for improvements at Master Lift Station 1 and Master Lifi Station 2 in the amount of $21,556.58 Motion to approve the change order as presented-Garcia second-Dillard, carried with all ayes. 2.6 Consideration of approval of the purchase of a Sparkman/ backhoe/front loader for the Public Works Department Chutchian from H-G~4C in the amount of $49,280. 75 Motion to approve the purchase as recommended-Garcia; second-Dillard, carried with all ayes. 2.7 Consideration of acceptance and award of bids to Sparkman/ Pepperhead Pyrotechnics in the amount of $20,000 Nelson for the fireworks display to be held in July 2000 Motion to accept the bids and award as recommended- Garcia; second-Dillard, carried with all ayes. 2.8 Consideration of acceptance and award of bids to Triple Sparkman/ D Pump Co in the amount of $10,748.75; to Metro Valve Nelson & Pipe in the amount of $3680.18; and to ,4tlas Utility Supply Co. in the amount of $1352.69 for the installation of water and sanitary sewer materials for the restrooms at Stewart Creek Park; and approval of an ordinance authorizing contracts for same Motion to accept the bids and award as recommended- Garcia; second-Dillard, carried with all ayes. 2.9 Consideration of a budget amendment in the amount of Saldafia $8,500.00 for engineering services by Nathan Maier Consulting Engineers, on the Office Creek Master Drainage Study Motion to approve the budget amendment as presented- Garcia; second-Dillard, carried with all ayes. 2.10 Consideration of an ordinance amending Chapter 2 of the Hicks Code of Ordinances by amending Section 2-19 relating to Court Building Security Fees Motion to approve the ordinance as written-Garcia; second-Dillard, carried with all ayes. 2.11 Consideration of an ordinance amending Chapter 19 of Hicks/ the Code of Ordinances by amending Section 19-11 Saldafia establishing a school zone on FM 423 (Main Stree0 Motion to approve the ordinance as written-Garcia; second-Dillard, carried with all ayes. 2.12 Consideration of adoption of a resolution directing Johnston publication of notice of intention to issue certificates of obligation Motion to approve the resolution as written-Garcia; second-Dillard, carried with all ayes. 2.13 Consideration of approval of amendments to the Ramsey/ Administrative Contracts for Service of The Colony Nelson Economic Development Corporation (4/1) changing references to the department name; and naming the City Parks and Recreation Director as staff facilitator of The Colony Community Development Corporation (4B) Councilman Stanwick pulled this item for discussion and asked if Pam Nelson was prepared to take over this responsibility and what impact it would have on her department. Ms Nelson advised that she has proposed to the CDC that they allocate funding to hire an Assistant Director who would handle CDC projects. Motion to approve the contract amendments as written- Stanwick; second-Dillard, carried with all ayes. 3.0 REGULAR AGENDA: 3.1 PUBLIC HEARING regarding a Specific Use Permit for Persaud the sale of liquor, beer and wine for on-premise consumption in a restaurant located on Lot 2, Block A of the Lago Vista Addition and consideration of approval of an ordinance granting the Specific Use Permit Mayor Manning opened the public hearing. Harry Persaud stated The Stables Restaurant would be located on the west side of Main Street just south of Angelina's Restaurant. Mr. Persaud advised that staff and P&Z recommend approval with four stipulations. There being no further comments, Mayor Manning closed the public hearing. Motion to approve the ordinance granting the specific use permit as recommended-Stanwick; second-Meyers, carried with all ayes. 3.2 PUBLIC HEARING to discuss the 1999 Thoroughfare Saldafia Bond Program, Phase I regarding the reconstruction of substandard width streets Mayor Manning opened the public hearing and advised those present that the council had discussed this item in a work session prior to this meeting and that the consensus had been to leave the streets at their current width. He further advised they would wait for comments from the Fire Depm~ment before making a final decision. Abel Saldafia discussed the streets being considered for widening and stated that staff also recommends leaving the streets at their current width. Councilman Stanwick asked if any consideration was given to widening John Yates Blvd. from Nash to N. Colony Blvd. The following persons all addressed the council and spoke in opposition of widening these streets: Winnie Gailey; John McDermott; Shelley Lopez; Patrick Clough; Charyl Malanaphy; Oma King; Renee Haskins. The speakers cited increased traffic and loss of trees along the parkways as their reasons. They also stated the police do not patrol the area enough and that high school students' park along Arbor Glen and create a crowded condition. It was suggested that flyers be distributed in the affected area before the next public hearing on this matter so the residents can be aware of the meeting. Mayor Manning commended Councilman Stanwick for going the extra mile in walking along Arbor Glen to determine how the residents along that street felt about the proposed widening. With no further comments, Mayor Manning closed the hearing. 3.3 Consideration of approval of an ordinance granting to Lambert TXU Lone Star Gas a Franchise to construct, maintain and operate pipelines and equipment in the City of The Colony, Denton County, Texas for the transporting, delivery, sale and distribution of gas in, out of, and through said city for all purposes Ms. Tiffany Haertling, attorney with Hayes, Coffey and Berry, stated she was hired to review the document. She said she had made recommendations, which she has resolved with TXU and that she recommends approval. Ms. Haertling said the term of the contract is not negotiable, but that she did add Section 15, which allows re-negotiation before the term expires. Motion to approve the ordinance as written-Gordon; second-Dillard, carried with all ayes. 3.4 Consideration of approval of a resolution authorizing the Persaud city manager to enter into a developer's agreement with Legends Partners Ltd. Mr. Persaud explained this agreement allows for the city to reimburse the developer for specified construction costs for water lines and roadway improvements east of Paige Rd. He said the project should be complete by December 31, 2000. Mr. Lambert said the city would need to decide how to pay for the portion of the roadway, which runs in front of existing businesses; Larry's, Nick's and Herrera's, etc. Mr. Persaud said the cost will be about $65,000. Councilmembers Dillard and Gordon as well as Mayor Manning said they are opposed to assessing these existing businesses for this project. Motion to approve the agreement as written-Stanwick; second-Dillard, carded with all ayes. 3.6 Consideration of approval of appointment of Lambert/ as city attorney Council Mr. Lambert advised that several firms had been interviewed and that staff recommends naming Hayes, Coffey & Berry as the firm to provide legal representation for the City. Mayor Manning said there is one outstanding case (Gibson) and recommended retaining Cowles & Thompson to continue to represent the city in that case. Everyone agreed with that recommendation. Motion to appoint Hayes, Coffey & Berry as the city attorney for the City and to retain Cowles & Thompson as the firm to represent the city in the Gibson case-Garcia, second-Gordon, carried with all ayes. 3.7 Consideration of appointments to advisory boards Council The City Secretary read the names of those board members who had expressed a desire to be considered for re-appointment to their respective board as follows: BOAA-Rob Bauman, Bob Poynter, Gary McClure, Gerald Odum; Library-Sandri Gehrke, Diana Kruzich, James Althaus, Sue Parks; P&R-John Sanders, Susan King; Telecommunications-Clark Switzer, Walter Gillette, Russell Rayboum, Duane Sanders; EDC (4A)-Delaina Hammock. Motion to reappoint the named members to another two- year term on their respective boards-Gordon; second- Dillard, carried with all ayes. Mayor Manning excused himself from the meeting at this time. Mayor Pro-tern Dillard presided. 3.5 Consideration of approval of expenditure of funds in the Ramsey amount of $25,000 by The Colony Economic Development Corporation (4A) for the renovation of the former bank building at 5200 Paige Road Gene Ramsey advised the council that a request had been received by the EDC (4A) for a grant of $25,000 for the renovation of the former bank building at 5200 Paige Road. Mr. Ramsey said the board considered the new "Summit Centre", which will house a title company, mortgage company, accounting firm and other businesses to be a good investment, of funds. The board believes this project will attract high-profile investors/developers into the interior of the city, which could enhance economic development. Motion to approve the grant as recommended-Stanwick second-Gordon, carried with all ayes. 4.0 DISCUSSION ITEMS: 4.1 Chipping Program Chutchian 007320 Mr. Chutchian reported that the current chipping operation has created large piles of mulch that must be periodically removed and that fi.om time to time individuals use the site for dumping unacceptable items. Mr. Chutchian recommended that funds be set aside for relocation of the chipping operation away from the N. Colony site. 4.2 Change in procedures for (water) disconnects Johnston Mr. Johnston said staff is recommending a change in the cut-off procedure, which would allow for a door hanger the day prior to the expected cut-off. He said they have experimented with this and the majority of those door hangers used have resulted in the customer coming in and paying their bill, which eliminates the need for a cut off. Mr. Johnston said this may result in a loss of revenue from reconnection fees, but it would be minimal. The council agreed with implementing this good customer service procedure. Councilman Stanwick suggested that an increase of the reconnection fee tv, e,,~ ,~^ ~ ~,,,~-~, ~o cover actual costs might be in order. 4.3 CIP/Strategic Planning Johnston Mr. Johnston gave three options for handing the review and adoption of the CIP and Strategic Plan: 1. accept the report 2. send the report to P&Z for review and approval 3. send the report to a blue ribbon committee to review and approve. After brief discussion, it was the general consensus to send the report to P&Z for review and approval. 4.4 Water Well #3 Lambert It has been patched without any problems. With no further business to address, Mayor Manning adjourned the meeting at 8:45 p.m. APPROVED~/ ATTEST: William W. Manning, ~layor ~ Patti A Hicks, TRMC-/CMC/AAE City Secretary