HomeMy WebLinkAbout06/05/2000 City Council OO738O
MINUTES OF THE REGULAR SESSION OF COUNCIL
HELD ON
JUNE 5, 2000
The REGULAR SESSION of the City Council of the City of The Colony, Texas was called to
order at 7:04 p.m. on the 5th day of June 2000 at City Hall, with the following council roll call:
William W. Manning, Mayor Present
John Gordon, Councflmember Absent (Personal)
Lewis Jue, Councilmember Present
David Stanwick, Councilmember Present
A1 Garcia, Councilmember Present
John Dillard, Councilmember Present
Dave Kovatch, Councilmember Present
and with six present a quorum was established, the following items were addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS:
Call to Order
Invocation - Calvary Christian Center - Pastor Rick McCoy
Pledge of Allegiance to the United States Flag
Salute to the Texas Flag
1.1 Presentation of Employee Awards for tenure and Employee of the Year Award (Burkett)
Margaret Burkett, Human Resources Director, and Mayor Manning presented Ken
Leverich, Public Works Superintendent, with the Employee of the Year Award. Other nominees
for this award were: Becky Betancourt, Jackie Carroll, Susan Easley, Gwen Mansfield, Amy
Mobley, Kathy Neal, Sheron Riney and Joan Sveinsson. The following employees were
recognized for tenure:
15 years - David Drake; 10 years - Terry Carson; 8 years - Darren Brockway, Betty Phillips; 5
years - Jim Callison, Alvin Coughran, Duncan Osborne, Freida Henderson, Julian Herrara,
Bobby Merkey, Scott May, Randy Ball; 3 years - Chris Lance, Frank Armijo, Oscar Rodriguez,
Susan Vaughn, Joy Lindsay, Thomas Mozden, Tyler Herreid, Chere' Carver, Rick Torres, Lanny
Lambert; 2 years - James Death, Kenneth Rich, Brent Young, Karin Griffin, Bob Sparkman,
Kathy Neal, Jason Lang, Brian McNuelty, Dena Williams, Jarie Potts and Abel Saldafia.
1.2 Recognition of National Merit Scholar Finalists (Mayor)
Mayor Manning recognized Anjana Lal, National Merit Scholar Award Finalist. Other
finalists were Amy Moffett, Barton Smith, Leslie Forbes, Jason Koesters, Matthew Stroud and
Eric Timme.
1.3 Citizen Input
Marsha Barron, 5224 N. Colony Blvd., addressed the council about the lot at 5220 N.
Colony, stating it has been in need of mowing and cleaning for some time. She advised she had
contacted the mayor earlier and that today the property was mowed. She distributed pictures of
how the property appeared before mowing. Ms. Barron said the Inspections Department said they
did not have sufficient budget to get the property mowed. She said we have ordinances on the
books and we should find the funds to enforce them.
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Joe McCouny_. 5760 Bedford. reminded the council that he spoke to them previously
about the First Industrial development and that now he understands the developer has decided not
to continue with the project. Mr. McCourry said the residents in The Legends are very interested
in what goes in on this property and that they want nothing less with any proposed development
than what they fought for with First Industrial. He said the residents would like to meet with JNC
(property owner) to discuss their desires. He said they would like to see the area re-zoned to
eliminate Industrial zoning.
2.0 CONSENT AGENDA
2.1 Consideration of approval of the minutes of the council meetings held May 15 and
May 22, 2000 (Hicks/Devlin)
Motion to approve the minutes as written-Kovatch; second-Dillard, carried with all ayes.
2.2 Consideration of approval of a budget amendment in the amount of $22,927 for
expenses relating to the renovation of the Municipal Court Administrative Offices;
the City Marshal's Office and the Courtroom (Hicks)
Motion to approve the budget amendment as presented-Kovatch; second-Dillard, carried with
all ayes.
2.3 Consideration of approval of a budget amendment in the amount of $17,360 from
impact fees for traffic signal improvements at Ridgepointe Drive/Cougar Alley and
Main Street (Lambert)
Motion to approve the budget amendment as presented-Kovatch; second-Dillard, carried with
all ayes.
2.4 Consideration of a resolution nominating Harlan Jefferson to serve on the Denco
Area 9-1-1 Board of Directors (Council)
Motion to approve the nomination as recommended-Kovatch; second-Dillard, carried with all
ayes.
2.5 Consideration of approval of an ordinance authorizing the City Manager to enter
into a contract with HGAC for the purchase of radio equipment for the Police
Department (Sparkman)
Motion to approve the ordinance as written-Kovatch; second-Dillard, carried with all ayes.
2.6 Consideration of a resolution providing an increase in residential sanitation rates of
4.6% (Lambert)
Councilmember Dillard asked Mr. Lambert why IESI used a CPI of 4.6% and the city
uses one of 2.8%. Mr. Lambert said 2.8% is the national CPI but that he had not been able to f'md
any documentation on it. He further stated that 4.6% is the Dallas area CPI and according to the
contract, IESI is allowed to increase their rates using the Dallas CPI. Mr. John Gustafason said
the company used the most recent figures in calculating the increase.
Motion to approve the increase as requested-Dillard; second-Stanwick carried with all ayes.
3.0 REGULAR AGENDA:
3.1 Public Hearing and first reading of an ordinance amending the Code of Ordinances
by amending Appendix B-Subdivision by providing for a street light policy and
requiring the installation of street lights in all new developments and providing an
effective date (Saldafla)
Mr. Saldafia gave a brief overview of the proposed ordinance. Councilmember Stanwick
suggested including material requirements in the Design Standards Manual instead of this
ordinance. He also asked that poles be metal with concrete bases, not fiberglass.
Councilmember Kovatch asked if our tree trimming policy allows for the height of the
proposed streetlights and if the trees would effect the "spread" of light. Mr. Saldafia said he
would work with Mr. Johnston on that matter to ensure coordination and the best result from the
strectlights.
Councilmember Dillard said limiting to metal poles may exclude a new, better material in
the future.
Mayor Manning opened the public hearing. Joyce Fulco, 4712 Clover Valley, said we
should use clear bulbs, not amber. Richard Kuether said the light should be focused down, not up
in the sky.
Mr. Saldafia advised that the ordinance would cover replacement lights as well as new
lights. He further stated that TXU has said that we should add a minimum distance between
lights of 200'. Discussion by council regarding this matter followed. It was agreed that limiting
the distance to a minimum of 200' would mean some short streets might only have two lights,
which is not acceptable. Mr. Saldafia also advised the height of the lights would be 12' not 14'.
Mayor Manning closed the public hearing.
3.2 Consideration of approval of an ordinance authorizing the City Manager to enter
into a lease agreement with Metricom allowing installation of antennas and
communication equipment on the City's water tower (Chutchian/Persaud)
Harry Persaud gave the background on this item. Sally Martens with Whalen & Co.
explained this would allow Metricom to install and maintain antennas and communication
equipment on the city's water tower at 5260 N. Colony Blvd. and on streetlights. Following brief
discussion, motion was made as follows:
Motion to approve the agreement as written-Stanwick; second-Dillard, carried with the
following vote: Ayes - Jue, Stanwick, Garcia, Dillard, Manning; No - Kovatch.
3.3 Consideration of approval for an off-premise sign for Stewart Peninsula Golf
Course and Stewart Creek Park (Persaud)
Mr. Persaud gave the background on this item, stating that Mr. Rusty Nichols has
requested permission to install a permanent off-premise sign on Main Street, north of Nash Drive
to advertise Stewart Peninsula Golf Course and Stewart Creek Park. He said the ordinance allows
the sign, but the request is for a sign 72 square feet in size and the ordinance only allows 50
square feet in size. He further stated the north side of the sign would have a welcome message
for the City of The Colony.
Councilmember Stanwick said the existing sign on N. Colony has not been well
maintained and appears to be faded. Mr. Nichols said it is made of sandblasted redwood, which
is not smooth and causes the faded appearance. He said if it is indeed faded, then he will have it
re-painted. He said if the city wanted another material for the sign, then he would use something
else.
Councilmember Jue said we should be cautious about allowing another sign when the
ordinance only allows one per business. He said we have other entertainment facilities and if we
allow all of them to install a sign, there will be too many off-premise signs (along the roadway).
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Mayor Manning said this sign is allowed by the ordinance and we just need to approve
the size. He said it is a good idea to advertise facilities in this way.
Motion to approve the request as presented-Kovatch; second-Dillard.
Councilmember Stanwick agreed that we need to be cautious about allowing signs for all
entertainment facilities and suggested one common sign be designed that could be used by all
facilities. Councilmember Kovatch said he understands that, but stated the only two facilities that
would use such a sign are the two golf courses.
Mr. Nichols reminded council that this proposed sign is to be shared advertising with
Stewart Creek Park (a city park). He said they really need the sign now to help during golfing
season. Councilmember Stanwick said he does not want FM 423 to be a series of monument
signs.
Vote taken and motion carried with following vote: ~lyes - Garcia, Dillard, Kovatch, Manning;
No - Jue and Stanwick.
3.4 Consideration of approval to enter into an equitable Cost Sharing Agreement with
Legend Villages, LLC
Mr. Lambert gave the background on this item.
Motion to approve the agreement as written-Dillard; second-Garcia, carried with all ayes.
3.5 Public Hearing regarding adoption of Capital Improvements Plan and impact fees
for the Drainage Watershed of Stream SC-lA (Saldafla)
Mr. Saldafia explained that the proposed ordinance is applicable to Tract B only, noting
that Tract A drainage infrastructure constructed by Legends Partners, Ltd., included the additional
capacity to handle the 100-year storm flows for Tract B. Mr. Saldafia stated, therefore, that upon
collection of these impact fees (authorized by this ordinance), the City should make a
reimbursement to Legends Partners, Ltd., which will be authorized by a council resolution, etc.
Councilmember Kovatch clarified that Legends Partners has akeady built the
infrastructure and now the city needs to reimburse them.
Mayor Manning opened the public hearing. Bill Sheveland, JNC Enterprises, 2050 Plano
Rd., Richardson, asked the council to extend the same consideration of credit for detention to this
area as they did with the Office Creek Drainage area.
Mr. Saldafia agreed, stating that matter has not been resolved, but that both areas should
· be handled in the same manner.
Mayor Manning closed the public hearing.
4.0 DISCUSSION ITEMS
4.1 Eastvale Well Site - Mr. Lambert advised that TNRCC has mandated this well be
plugged and he asked the council's opinion regarding that mandate. Mayor
Manning said if TNRCC mandates that we plug the well, then we should proceed.
Mr. Steve Chutchian estimated the cost to be $6000.00.
Mayor Manning left the meeting and asked Mayor Pro-tern Dillard to preside.
4.2 County Development District No. 5 - Mr. Lambert said committee needs to be
appointed to meet with the developer. He said a CDD is a new tool to aid developers in
development costs. Mr. Lambert explained in this particular situation, the proposal includes
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disannexation of the Wynnewood property for 9 years. He said if we go with the CDD, it will
mean a long-term partnership with Matthews-Southwest (developer of Wynnewood).
The city council expressed concern about the ability to re-annex the property at the end of
the agreed term. The city attorney is going to prepare an opinion regarding this matter by the end
of the week. Ms. Haertling advised the council that the committee should then meet and agree on
all the issues before a draft agreement is prepared.
Mayor Pro-tem Dillard advised he would make appointments to the committee in the next
few days.
Mayor Manning returned to the meeting.
9:09 p.m. Recess
9:15 p.m. Convene in Executive Session
5.0 EXECUTIVE SESSION AS AUTltORIZED BY CHAPTER 551 OF THE LOCAL
GOVERNMENT CODE, TO-WIT:
A. Third amendment to contract of sale with JNC Enterprises for purchase of
80.523 acre tract
B. Boundary dispute with City of Frisco
9:57 p.m. Reconvene in open session
5.1 Consideration of any appropriate action to be taken as a result of the executive
session
A. Third amendment to contract of sale with JNC Enterprises for purchase of 80.523
acre tract
Motion to accept the amendment with changes; the closing date will be on or before June 14,
2000; paragraphs 3 and $ will be deleted-Dillard; second-Stanwick, carried with all ayes.
B. Boundary dispute with City of Frisco -No action taken
With no further business to address, Mayor Manning adjourned the meeting at 10:00 p.m.
ATTEST:
Patti A. Hicks, TRMC/CMC, City Secretary