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HomeMy WebLinkAbout05/01/2000 City Council 007356 MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON MAY 1, 2000 The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to order at 7:05 p.m. on the 1st day of May 2000 at City Hall, with the following council roll call: William W. Manning, Mayor Present John Gordon, Councilmember Present Lewis Jue, Councilmember Absent (Personal) David Stanwick, Councilmember Present A1 Garcia, Councilmember Present John Dillard, Councilmember Present Jeff Meyers, Councilmember Absent (Personal) and with five present a quorum was established, the following items were addressed: ITEM DESCRIPTION SOURCE STATUS 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Manning Invocation - Rev. Carroll Caddell, 1 st United Methodist Pledge of Allegiance to the United States Flag Manning Salute to the Texas Flag 1.1 Mayoral Proclamations: Manning Declaring Public Service Recognition Week - Mayor Manning read the proclamation, which was accepted by the Human Resources Director, Margaret Burkett Declaring May 4, 2000 as National Day of Prayer - Mayor Manning read the proclamation, which was accepted by Rev. Bruce Scofield. 1.2 Citizen Input - None 2.0 CONSENT AGENDA 2.1 Consideration of approval of the minutes of the council Hicks meeting held April 17, 2000 Motion to approve the minutes as written - Dillard, second- Stanwick, carried with ail ayes. 2.2 Consideration of authorizing rejection of bids received Sparkman/ for renovations to the Aquatic Park Pools and re-bid of Nelson the project at a later date Motion to reject the bids as recommended and authorize re-bM of the project at a later date - Dillard, second - Stanwick, carried with all ayes. 2.3 Consideration of approval of an ordinance authorizing Persaud the city council and the planning and zoning commission to hold joint public hearings Richard Kuether, 4109 Driscoll Drive, addressed the council asking them not to approve this ordinance. He 00735: stated that two meetings give citizens more opportunity to -- speak on an item. (P&Z and Council) Mr. Kuether asked if the notice published in the paper advertising the upcoming joint public hearing is legal. Mayor Manning said this ordinance allows joint public heatings, but does not require them. He said joint public heatings would be held only in unusual circumstances. Councilman Stanwick asked if the intent is to hold the Public Hearing and then act at the same meeting, going on to say that sometimes that is acceptable and sometimes it is not. He said that if there are lots of questions and concerns then action should be taken at a later meeting. Harry Persaud said it could be done either way, noting that if further information is needed then the council may choose to continue the public heating or postpone action. Councilman Stanwick suggested that any joint public heatings should be held on off Monday nights when possible. Councilman Garcia said to be sure that the council and staff are advised when this being done at the request of a developer. Motion to approve the ordinance as written - Gordon, second- Dillard, carried with all ayes. 2.4 Consideration of acceptance of bids and award to Saldafia B.C.I. Utility Construction, Inc. for construction of the 1999 Thoroughfare Bond Program Phase I-A Councilman Stanwick asked when we will bid for Phase 1-B and Abel Saldafia stated that would hapPen in about 60 days. Councilman Stanwick expressed concern about shutting down Arbor Glen during school months. Mr. Saldafia said we could attempt to set the schedule for construction while school is out. Mr. Lambert advised the low bidder asked for an extension of time of 63 days, however the cost of the project has not increased. Motion to accept the bids and award the contract to BCI Utility Construction in the amount of $2,599,602.00 and the 63 day extension as recommended - Stanwick, second - Garcia, carried with all ayes. Consideration of authorizing release of a 50' temporary 2.5 construction easement dated August 27, 1997 and Saldafia granted to the City of The Colony by Paige/121 Partnership Motion to authorize the release of easement as recommended - Dillard, second - Stanwick, carried with ~ all ayes. REGULAR AGENDA: 3.0 Public Hearing on application of Centex Multi-Family 3.1 Communities requesting approval for an amended Persaud Planned Development "PD-11" site plan to allow for boat and RV parking at the Bristol Oaks Apartments Mayor Manning opened the public hearing. Mr. Persaud advised the council that the request is to allow for boat and RV parking on the apartment complex property. The parking is for their tenants only and no repair will be allowed. Dennis Wenzler, representing Bristol Oaks, stated that they had discussed designating an area for this type parking earlier. The Colony is close to the lake and they used that in their marketing plans. Mr. Wenzler said the area is partially blocked by the maintenance building, will be fully screened and carefully policed. There being no further comments, Mayor Manning closed the public hearing. The ordinance will be on the May 15, 2000 agenda for action. Consideration of authorizing a cost of living increase as 3.2 recommended by the Personnel Committee Personnel Mayor Manning said that Mr. Johnston had assured the Committee committee that the funding was available for this increase. Margaret Burkett advised the council that it is a constant battle for The Colony to compete with surrounding cities such as Allen, Frisco and Flower Mound. Councilmember Stanwick requested an annual review of the CPI along with a look at a cost of living increase each year. Motion to approve the 3% cost of living increase as recommended- Gordon; second- Stanwick, carried with all ayes. Consideration of authorizing the following additional 3.3 personnel as recommended by the Personnel Personnel Committee: Plans Examiner, Building Inspector, Committee Inspector for 1999 Bond Program Motion to authorize the new personnel as recommended - Dillard; second- $tanwick, carried with all ayes. Consideration of authorizing expenditures for the 3.4 purchase of certain equipment necessary for improved Manning/ efficiency in the Emergency Operations Center Morrison Mayor Manning said that during the last EOC drill, he became aware of several items that are needed for the proper operation of the EOC. He said the safety of the citizens of the city is paramount and these items are crucial. Chief Momson explained the list of items needed. Councilmember Garcia suggested radio antennas on the new water tower to help with radio coverage over the whole city. Chief Joe Clark advised that the antenna placement doesn't matter. He said they are looking at a landline, which will give the same capability as if we were actually operating in Denton. Councilmember Stanwick asked if the weather radio would be broadcast on Channel 6 and Mr. Duane Sanders, Chair of the Telecommunications Board, said that it would be. Motion to approve the purchases as recommended- Stanwick; second- Garcia, carried with all ayes. Consideration of approval of a consolidated Ground 3.5 Lease Agreement with the Corps of Engineers for the Nelson city's use of Stewart Creek Park, Wynnewood Park, Eastvale Park and Hidden Cove Park Ms. Pam Nelson explained that this new lease would combine all our corps park leases into one. Motion to approve the lease as recommended - Stanwick; second - Gordon, carried with all ayes Consideration of approval of the updated Parks Plan as recommended by the Parks & Recreation Board and 3.6 the Community Development Board (4B) Nelson Dennis Sims and Duane Brinkley presented the updated plan, which was prepared, based on information gathered in a citizen survey, a survey of all city parks and an audit of the aquatic park. They responded to questions from council. Councilmember Stanwick said it appears most of the focus is on new parks and not the existing parks. Pam Nelson, P&R Director, pointed out that $100,000 per year has been planned for improving existing facilities and parks. Elise Knox, Aquatic Park Supervisor, advised that new signage is needed and the bathroom facilities need improvement. Mr. Brinkley stated the city must take care of code compliance issues at the aquatic park and then improve the facility to draw in revenues, using several different methods. He said until some funds are put into this facility, its violability is in question. After further discussion a motion was made as follows: Motion to approve the updated plan as presented- Dillard; second- Stanwick, carried with all ayes. Consideration of approval of the Master Plan as recommended by the Community Development Board 3.7 (4B) Nelson Following the presentation Mayor Manning commended the 4B board for their diligence and hard work in bringing this plan to fruition. Motion to approve the plan as presented- Garcia; second - Dillard, carried with all ayes. Consideration of approval of a budget amendment to pay the City of Piano for water purchased for Austin 3.8 Ranch development Lambert Mr. Lambert explained that this item had been postponed from the last meeting so he could gather the correct amount of money needed. He advised this was not placed in the 1999-2000 budget because he did not know the amount that would be necessary. Motion to approve the budget amendment in the amount of $5390.96 - Dillard; second - Gordon, carried with all ayes. Consideration of approval of a budget amendment to pay the charges accrued through the city's agreement 3.9 with North Texas Municipal Water District Lambert/ Mr. Lambert explained that he had not put this in the Johnston 1999-2000 budget because he did not know the amount of money needed. He said he had planned to pay it from impact fees, but the engineer has said the total cannot be paid from impact fees. He recommended a budget amendment in the amount of $186,037.00, broken out as follows: $125, 645 from impact fees and $62,012 from the Utility Fund operating expenses. Mr. Lambert further stated that hc did have an estimate when the budget was prepared and perhaps he should have budgeted that amount. Councilmember Dillard pointed out this cost was less than what it would cost to build a new facility. Motion to approve the budget amendment in the amount of $186, 03 7. O0 - Dillard; second - Stanwick. Mayor Manning expressed concern that something this vital to our community had not been brought to council earlier, stating he understood that invoices had been received for several months. He said he was disappointed this had not been dealt with earlier and that this was not included in the 1999-2000 budget. Mayor Manning reminded everyone that NTMWD had been mn out of The Colony in earlier years and that he hoped something this important would not be left out of the budget in the future, even if the final numbers are not known. The motion then carried with all ayes Consideration of a resolution opposing H.R. 2372, The Private Property Rights Implementation Act, urging the 3.10 Texas delegation of the U.S. Senate to vote against the Cty. Atty. bill and encourage the President of the United States to veto the bill if approved by the U.S. Senate City Attorney Tiffany Haertling advised the council that this law would limit local, county and state government control with regard to private property rights, giving it directly to the federal government. Mayor Manning asked Councilmember Dillard to prepare a summary regarding the legislation for the next council meeting. Motion to postpone until May 16, 2000 - Dillard; second - Stanwick, carried with all ayes 4.0 CITY MANAGER AND STAFF REPORTS A. Report of policy for cell phone usage Lambert Mr. Lambert reported that staff had done research on this matter and could not find reason to implement a citywide ban on cell phone usage. He did say he was considering policy regarding city employees when driving city vehicles. Chief Joe Clark reported on his findings. Mayor Manning asked that this item not be brought back to council again. Telecomm. B. Request for joint meeting of council and Board Telecommunications Board Duane Sanders, Chairman of the Telecommunications Board, asked the council for a joint meeting to discuss several issues of importance to the city. A joint session was set for May 8, 2000. With no further business to address, Mayor Manning adjourned the meeting at o. er, p.m. ATTEST: ~' w~l~m W. Manning, M~yor Patti A. Hicks, TRMC/CMC/AAE City Secretary