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HomeMy WebLinkAbout07/17/2000 City Council 00740 7/17/00 MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON JULY 17, 2000 The REGULAR SESSION of the CITY COUNCIL of thc City of The Colony, Texas was called to order at 7:00 p.m. on the 17t~ day of July 2000, at CITY HALL with the following roll call vote: William W. Manning, Mayor Present John Gordon, Councilmember Present Lewis Jue, Councilmember Present David Stanwick, Councilmember Present A1 Garcia, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with seven present, a quorum was established and the following items were addressed: I 1.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: I Invocation - Church of Christ - Lanny Lambert Pledge of Allegiance to the United States Flag Salute to the Texas Flag * Mayoral Proclamation proclaiming August 1, 2000 as "National Night Out" Officer Mark Phillips and Captain Chris Chandler accepted the proclamation and encourage all citizens to participate. * Recognition of Matt Sayman as Southwestern Bell Texas High School ~Ill Star Mayor Manning read the letter naming Matt as a participant in the 2000 Southwestern Bell Texas High School Coaches Association Ail-Star Games in Houston July 30 through August 1, 2000. The Mayor advised Matt could not be present at the meeting but stated that all citizens wish him well in this event. *Recognition of City Employees, Gwen Mansfield and Alice Pitts for Outstanding Service Tony Johnston, Finance Director, advised that two employees from his department, Gwen Mansfield and Alice Pitts, had pursued the Federal Government for 3 years in an effort to get a reimbursement of federal excise taxes. Their efforts resulted in a check to the city for $33,554.26. Mr. Johnston recommended the city adopt a policy whereby employees are rewarded with a percentage of any sum of money they recoup for the city. Mayor Manning said he agreed and noted this policy will be a part of thc Personnel Committee meeting agenda. 1.1 CITIZEN INPUT Nancy Shaw, 5740 Perhn, read a portion of section 12.12 of the city charter relating to conflicts of interest. Ms. Shaw continued stating that Mayor Manning participated in a work session held on April 22, 2000 regarding CDD#5. She said his participation was due to his sitting at the table with the other participants, by his passing notes to developers and by speaking to other members of council. Ms. Shaw said in her opinion this was a violation of the conflict of interest section of the city charter and possibly a violation of Local Government Code Section 171.004 and asked the Mayor to resign his post. Richard Kuether, 4109 Driscoll, read a prepared statement which stated (in part) that Mayor Manning had left council meetings several times citing conflicts of interest. He also stated that Mayor Manning had participated in the work session regarding CDD#5 held on May 22, 2000. Mr. Kuether said he believes Mayor Manning has violated the city charter and that he has too many financial interests in the city to be an effective leader. Mr. Kuether said that due to the number of conflicts of interest, Mayor 7/17/00 Manning is no longer qualified to represent the citizens and asked the Mayor to resign his post. Mr. Kuether went on to say that if the Mayor did not resign the Councilmembers should remove him (mayor) from office. 12.0 I CONSENT AGENDA I 2.1 Consideration of approval of the minutes of the council meetings held July 3 and 10, 2000 (Hicks) Councilmember Kovatch noted two amendments to thc July 3 minutes. Item 3.9 (1), Page 4, should read "to be completed" not "can begin" and page 5, second paragraph should read ". ..... there is no infrastructure ..... " Motion to approve the minutes as amended-Kovatch; second-Dillard, carried with all ayes. 2.2 Consideration of approval of an ordinance calling a public hearing regarding the 2000-2001 Municipal Budget to be held at 7:00 p.m. August 7, 2000 (Johnston) Motion to approve as written-Dillard; second-Stanwick, carried with all ayes. 2.3 Consideration of acceptance of a proposal in the amount of $3816.00 from PermaShade for construction and installation of awnings over the Utility Department drive-through window and the Library book drop and approval of an ordinance authorizing contract for same (Hicks/Johnston) Motion to approve as written-Dillard; second-Stanwick, carried with all ayes. 2.4 Consideration of acceptance and award of bids in the amount of $68,000 to Nema 3 Electric, Inc. for purchase and installation of lighting at the Little League Football Fields, and approval of an ordinance authorizing contract for same (Fitzgerald/Sparkman) Motion to approve as written-Dillard; second-Stanwick, carried with all ayes. 2.5 Consideration of approval of a resolution authorizing an Interlocal Agreement with Denton County for intersection improvements at Main and N. Colony, SH 121 and Paige, and SH 121 and Morningstar (Lambert) Motion to approve as written-Dillard; second-Stanwick, carried with all ayes. 2.6 Consideration of acceptance of a proposal in the amount of $5600.00 from Tim Hail, Inc. for plugging the water well in the Eastvale subdivision and approval of an ordinance authorizing contract for same (Lambert/Chutchian) Mr. Lambert advised the agenda was posted incorrectly and the name of the contractor recommended is J.L. Meyers, not Tim Hall, Inc. He further stated the amount of the contract would be $4130.00. Richard Kuether asked why the well is being plugged. Mr. Lambert said the well has not been used in 25 years and to repair it would be more expensive than drilling a new well. TNRCC requires unused wells to be plugged. Motion to authorize the contract with J.L. Meyers in the amount of $4130. OO-Kovatch; second- Dillard, carried with all ayes. 2.7 Consideration of acceptance and award of proposals for conducting an audit of expenses related to the City Hall/Library project (Lambert) 2 7/17/00 Councilmember Stanwick said he thought there was a policy or ordinance, which prohibited a former Councilmember from doing business with the city for a certain length of time. Staff will research this question. Motion to continue to August 7, 2000-$tanwick; second-Kovatch, carried with all ayes. 2.8 Consideration of approval of council expenditures Motion to approve-Dillard; second-Stanwick, carried with ali ayes. [3.0 I REGULAR AGENDA: 3.1 Public Hearing regarding a request to amend the Comprehensive Zoning Ordinance by granting a Specific Use Permit for the sale of liquor, beer and wine for on-premise consumption in a restaurant, located at 4750 S. Colony Blvd., Suite 120, and consideration of approval of an ordinance granting the Specific Use Permit (Persaud) Mayor Manning opened the public hearing. Mr. Persaud advised this request for a specific use permit meets all requirements of the city and that Planning and Zoning does recommend approval. There being no further comments, Mayor Manning closed the public hearing. Motion to approve as recommended-Stanwick; second-Kovatch, carried with ail ayes. 3.2 Public Hearing continued from July 3, 2000 regarding amendment to the concept plan for Planned Development "PD-8" for 10.58 acres currently designated as a school site and proposed for Single Family use, located west of Etheridge Drive and north of Stewart Boulevard and consideration of approval of an ordinance approving the amendment (Persaud) Mayor Manning re-opened the public hearing. Mr. Persaud stated that due to the changing demographics in The Colony, Lewisville Independent School District no longer needs this site for a school. He said the developer has purchased the land back from LISD and wishes to build homes on the property. Mr. Persaud said the current thoroughfare plan calls for Etheridge Drive to be a 4-lane roadway. He said staff does not believe that will ever be necessary and would like the council to look at amending the thoroughfare plan in the near future. He said this is not part of this zoning issue, but wanted the council to be aware of the matter. Mr. Persaud said the city has an agreement with the developer, which states the developer is not required to make improvements to Etheridge Drive. Mr. Persaud said staff and P&Z recommend approval of the zoning request and recommend the developer make a right-of-way reservation in case the city has to expand Etheridge some time in the future. Councilmember Kovatch asked if total build out in this area would compel us to expand Etheridge. Mr. Persaud said he believes we may have to expand to 37' instead of the current 27'. A citizen that lives at 4113 Newton said she is concerned that traffic on Newton will become very heavy once development is complete west of Etheridge. Richard Kuether, 4109 Driscoll, said he is in favor of having homes in the area instead of the school. There being no further comments, Mayor Manning closed the public hearing. Motion to approve as recommended-Kovatch; second-Gordon, carried with all ayes. 3.3 Public Hearing regarding the submission of an application to the Texas Department of Housing and Community Affairs for a Texas Community Development Program grant for improvements in the Eastvale Subdivision and consideration of authorizing submission of the grant application requesting $250,000 matching funds or $50,000, which is 20% of the 7/17/00 grant total and consideration of approval of a resolution authorizing submission of the __ grant application (Lambert) Mr. Lambert gave the background of this project and said staff proposes to use the money for street improvements. He said we would work as far as the money would allow and then apply again each year, using the money to continue the improvements. Mayor Manning opened the public hearing. There were no comments and Mayor Manning closed the public hearing. Motion to approve as written - Garcia; second- Dillard carried with all ayes. 3.4 Public Hearing regarding grant application to the Texas Parks & Wildlife to receive public input regarding the renovation of the old Public Library building, changing its use from a library to a Community Conference Center (Nelson/Fitzgerald) Mayor Manning opened the public hearing. There being no comments Mayor Manning closed the public hearing. 3.5 Consideration of approval of a design amendment to the Community Conference Center (NelsonfFitzgerald) Ms. Pam Nelson advised that following the initial presentation of design for the Community Conference Center, council had requested a cost estimate to raise the roof and build a stage on the West Side of the building. That estimat~ had been presented at the last council meeting, which then prompted the request to add a permanent stage, showers, etc. on the north side of the building. Mr. Art Phelps, architect, then explained the revised plans to council. Mr. Phelps said the cost estimate is between 1.5 and 1.7 million dollars. Councilmember Stanwick expressed concern that the scope of this project has changed from meeting rooms to a performing arts center. He said he likes all the plans, but wants to be sure this is what the council and the city want. Lori Hill, 5949 Carroll, commended the council for their vision for our community, stating this plan for expansion of the old Library building will benefit all arts. She said this would be a win-win project and asked the council to do it right. Councilmember Kovatch said if more room is needed for recreation programs we could knock the wall out of the back of the Recreation Center and expand the building. He went on to say we should proceed with the plan as presented tonight. Councilmember Gordon noted the Master Plan calls for a performing arts center and asked if this takes the place of that plan. Ms. Nelson said the center the Master Plan refers to is the old Library building. Ms. Nelson further advised the maximum amount of the grant would be $750,000. Mayor Manning if we could go back to Alternate 1 at a later date if we approve this plan tonight. Mr. Phelps said that would not be a problem. Mayor Manning said he thinks we should go for it all and see if we get the grant. Councilmember Dillard asked how we would pay for this project. Mr. Lambert said we propose to pay for it from hotel/motel taxes. He advised next year we would have to come up with about $25,000 from the General Fund to go with the hotel/motel taxes, but that in the future we hope all the debt service can be handled from hotel/motel taxes. Mayor Manning said this plan is exciting and will improve the city's image. Motion to approve Alternate 2 as presented-Kovatch; second-Dillard, carried with all ayes. 3.6 Consideration of authorizing expenditure of additional funds in the amount of $50,000 for the construction of Ridgepointe Park Phase I, as recommended by The Colony Community Development Corporation (4B) (Nelson/Fitzgerald) Motion to approve as presented-Dillard; second-Kovatch, carried with all ayes. 00?400 7/17/00 3.7 Consideration of authorizing staff to seek proposals for engineering services for Phase II of the 1999 Thoroughfare Bond Program, Roadway Paving/Drainage Improvements (Lambert/Saldafia) Mr. Abel Saldafia explained the Request for Qualifications (RFQ) draft in their packet. He said to seek another engineering firm for Phase II of the Thoroughfare Bond Program would delay the project by about 2 months. Councilmember Stanwick said he has wanted staff to get RFQ's from engineering firms for some time. Councilmember Stanwick said he would leave it up to staff to decide about Phase II. He suggested that the contract with Hunter Associates (current engineering firm) for project 16 (Phase II) could be brought to the council at the next meeting for negotiations, but the RFQ's would be for the other projects 1 - 15. After a brief discussion, a motion was made. The contract for Phase II will be on the August 7, 2000 agenda for negotiations. Motion to authorize staff to seek RFQ's for engineering services for projects 1 -15-Stanwick; second-Kovatch, carried with all ayes. With no further business to address, Mayor Manning adjourned the meeting at 8:25 p.m. /% · ' W Manning, Mayor ATTEST: ~. ~L~,~ ~ 15att'i'~ Hicks, TRMC/CMC/AAE City Secretary