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HomeMy WebLinkAbout03/05/2001 City Council3/5/2001 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 5, 2001 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 5th day of March, 2001, at City Hall with the following roll call: William W. Manning, Mayor Present John Gordon, Councilmember Present Lewis Jue, Councilmember Present David Stanwick, Councilmember Absent (Personal) A1 Garcia, Councilmember Present John Dillard, Councilmember Present Dave Kovatch, Councilmember Present and with six present, a quorum was established and the following items were addressed: Prior to calling the meeting to order, Mayor Manning announced that The Colony High School Boys' Basketball Team had advanced to the semi-finals of the State Tournament in Austin. He congratulated Coach Tommy Thomas and the team on their outstanding performance. 1.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Carroll Caddell, First United Methodist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Mayoral Proclamations Severe Weather Awareness Week - Proclamation was presented to Chief Van Morrison of the Fire Department. Chief Morrison spoke briefly about the outdoor warning system. Red Cross Month - Proclamation will be mailed. Presentation to John Gordon - Tom Terrall, EDC Director, presented John Gordon with a plaque showing appreciation for his years of service on the 4A Board. Presentation to Mayor Manning - Sam Fitzgerald, Assistant Parks and Recreation Director, presented Mayor Manning with an autographed jersey from the Dallas Burn professional soccer team in appreciation for the City's support and help in the creation of the Blue Sky Sports Center. 1.1 Citizen Input - None 12.0 I CONSENT AGENDA Items 2.2, 2.5 and 2.7 were pulled. 2.1 Consideration of approval of the minutes of the council meeting held February 5, 2001 Motion to approve - Garcia, second - Kovatch, carried with all ayes. 3/5/2001 2.3 Consideration of authorizing a joint election agreement between the City of The Colony and the Lewisville Independent School District to conduct an election to be held on May 5, 2001 Motion to approve - Garcia, second- Kovatch, carried with all ayes. 2.4 Consideration of a resolution authorizing an Interlocal agreement between the City of The Colony and Denton County for the rental of voting equipment to be used in the May 5, 2001 election Motion to approve - Garcia, second - Kovatch, carried with all ayes. 2.6 Consideration of acceptance and award of bids for purchase of audio/visual equipment and approval of an ordinance authorizing contract for same Motion to approve- Garcia, second- Kovatch, carried with all ayes. 2.8 Consideration of accepting a letter of resignation from Telecommunications Board member Russell Raybourn Motion to approve - Garcia, second- Kovatch, carried with all ayes. 2.5 Consideration of authorizing a resolution supporting post prom celebration sponsored by The Colony High School PTA Robin Robertson, 5260 Sherman Dr., representing the PTSA, thanked Mayor Manning and Councilman Jue for sponsoring the recent broadcast of the boys' play-off basketball game. She asked all citizens for support of the 8th annual post prom celebration to provide a safe alternative to drugs and alcohol. The PTSA needs funds and volunteers to make this year's party a success. Motion to approve - Kovatch, second- Dillard, carried with all ayes. 2.7 Consideration of approval of an ordinance amending Chapter 5 of the Code of Ordinances relating to Animal Control and Wildlife Protection by amending sec. 5-1 definitions; sec. 5-2(a) enforcement; sec. 5-2 (b) authority to carry weapons; sec. 5-5; sec. 5-6 (d) unclaimed animals; sec. 5-11 (a) rabies vaccinations required; sec. 5- ll(c) registration and vaccination tags; 5-13 (b) exception to procedure; and sec. 5- 14 city registration Wendy Gunderson, 4168 Durbin Dr., asked if rescue groups other than the S.P.C.A. would be able to help impounded animals. Chief Clark suggested that the question could best be answered when the item is presented for the S.P.C.A. operation to be considered. Motion to approve- Dillard, second- Garcia, carried with all ayes. 2.2 Consideration of approval of an ordinance renewing the contractual agreement with Hayes, Coffey and Berry for the provision of legal services for the City of The Colony Motion to table this item - Kovatch Motion failed for lack of a second. Richard Kuether, 4109 Driscoll Dr., requested the City go out for bids for legal services given all the conflict of issue questions. Motion to approve- Dillard, second- Gordon, carried with all ayes except Councilman Kovatch who abstained. 3/5/2001 13.0 I REGULAR AGENDA: I 3.1 Public Hearing regarding an application for zoning change from General Retail, Neighborhood Services and Planned Development zoning district for residential uses to Light Commercial zoning district classification for a tract of 2.044 acres, being part of Lot 8, Lots 10-14 and an unidentified parcel located in Block 5, Garza- Little Elm Lake Estates Addition, and consideration of approval of an ordinance granting zoning change Harry Persaud, Director of Planning and Development, explained the background of the proposal. He advised Council that more than 20% of the residents in the area were opposed to the rezoning, therefore, a 3/4 vote of Council is required. The proposed development is an office/warehouse. Mayor Manning opened the public heating. Burt Stavinoha, owner of the property, said the plans included a retaining wall and $150,000 budgeted for improvements. The pond located on the property will be stocked and an aeration system installed. Councilman Dillard said he had received a phone call regarding the zoning restrictions in the Eastvale area. Gordon Hikel, City Attorney, explained that nothing prohibits The Colony from rezoning that area. Discussion followed regarding a rezoning in 1988 but again Gordon Hikel stated that no area had been unconstitutionally rezoned. Mayor Manning closed the public heating. Motion to approve - Kovatch, second - Garcia, carried with all ayes. 3.2 Consideration of an ordinance authorizing the City Manager to execute a developers agreement with Legend Partners, Ltd. Providing for the reimbursement of impact fees under subsection 8-59 of the Code of Ordinances for certain water and wastewater lines, installed and paid for by Legend Partners, Ltd. Harry Persaud, Director of Planning and Development, proposed an initial payment then payments quarterly until repaid. Motion to approve - Garcia, second - Kovatch, carried with all ayes. 3.3 Consideration of authorizing a change order for reimbursement of water impact fees in the amount of $21,018.97 to Legend Partners per Developer's Agreement dated February 28, 2000 Motion to approve - Dillard, second- Kovatch, carried with all ayes. 3.4 Consideration of approval of an ordinance authorizing a service agreement with S.P.C.A. for the provision of animal control services Joe Clark, Police Chief, pointed out highlights of the agreement. Representatives from the S.P.C.A., Julie Paxton, Kent Robertson and Nancy Holloman, were present to answer questions. Wendy Gunderson, 4168 Durbin Dr., asked why she had not been notified of the recent Advisory Board meeting when this issue was discussed. She explained that she had been appointed by former Shelter Manager Amy Mobley as the rescue volunteer. Chief Clark explained to Ms. Gunderson that only the City Council appoints volunteers to advisory boards and he was unaware of her involvement. Ms. Gunderson asked if outside rescue groups would be allowed to aid impounded animals. Kent Robertson, S.P.C.A., responded that they will always work with reputable rescue groups. Councilman Dillard added that this agreement will provide the city will professional staff and specifically requested Mr. Robertson to work with the various rescue groups. Motion to approve - Kovatch, second - Dillard, carried with all ayes. 3/5/2001 3.5 Consideration of adoption of a resolution directing publication of notice of intention to issue combination tax and revenue certificates of obligation Tony Johnston, Finance Director, distributed a worksheet showing revenue and expenditure projections. Bernetta Henville-Shannon, Ballard Trail, commented that she was not against the sports complex but that this Council had already spent millions of dollars without voters' consent. She requested a detailed list of proposed expenditures and asked the Council to control their budget. Councilman Dillard stated that a great deal of money Ms. Henville-Shannon is referring to~ had been spent on street repairs. Motion to approve- Dillard, second- Gordon, carried with all ayes. 3.6 Discussion and appropriate action regarding proposals for street maintenance/repair in Eastvale subdivision Patti Hicks, City Manager, commented that none of the alternatives proposed would be the ultimate answer but would provide a "good fix" for now until a permanent solution can be provided. Mayor Manning said the city needs a serious plan with proper drainage and erosion control. Discussion continued regarding the various alternatives. Motion to proceed with Alternative 3 and direct staff to prepare plan for permanent solution - Dillard, second- Kovatch, carried with all ayes. 3.7 Discussion and appropriate action regarding including sidewalk replacement/repair in the 1999 Thoroughfare Bond Program Councilman Kovatch explained that in various areas no sidewalks were provided after the developments were completed. He would like to have Council direct staff to prepare a list of areas in need of sidewalks and projected cost estimates. Mayor Manning so directed staff with Council consensus. 4.0 CITY MANAGER AND STAFF REPORTS J 4.1 Receive report from CHAMPS Sue Walden, CHAMPS coordinator, asked that citizens call and volunteer their time. 4.2 Monthly Update on 1999 Thoroughfare Bond Program Ken Leverich, Tony Johnston, and Abel Saldafia gave a presentation to show progress of the ongoing bond program. 4.3 Report from Finance Director regarding Municipal Aggregation Tony Johnston, Finance Director, will continue attending meetings at COG and will keep the Council posted on findings. 9:17 p.m. 5.0 EXECUTIVE SESSION I 5.1 Executive Session as authorized by Sections 551.086 and 551.074 of the Government Code regarding Economic Development and Personnel respectively, to-wit: A.To deliberate the offer of a financial or other incentive to a business prospect B.Receive report and recommendation from the Personnel Committee regarding proposed new positions: Asst. City Manager and Utilities Director 4 3/5/2001 9:40 p.m. Reconvene 5.2 Consideration of any appropriate action to be taken as a result of the executive session A.Motion to award incentive package to Golden Corral - Dillard, second - Gordon, carried with all ayes. B.Motion to add Assistant City Manager and Utilities Director positions - Garcia, second - Dillard, carried with all ayes. With no further business to address, Mayor Manning adjourned the meeting at 9:45 p.m.  ~ROVED: ]~ William W. Manning, Mayor ~ ATTEST: /R-~h~thdrin Deeii~; Deputy C~ty §e~retary