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HomeMy WebLinkAbout09/17/2001 City Council 007, 4 September 17, 2001 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 17, 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 17a' day of September 2001, at City Hall with the following roll call: Bernetta Henville-Shannon, 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 six members present, a quorum was established and the following items were addressed: I1.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: ] Call to Order Invocation - Calvary Christian Center Pledge of Allegiance to the United States Flag Salute to the Texas Flag Mayoral Proclamation - Pollution Prevention Week - Bruce Crutchfield received the proclamation. Support of Relief Efforts in New York and Washington, DC - the proclamation will be displayed in the lobby of city hall and sent to the appropriate persons Presentation of Awards for National Night Out - Chief Clark and Officer Mark Phillips presented recognition awards to citizens for their participation and support of National Night Out. An estimated 3,500 persons participated. The following groups/persons were recognized: TCGTV volunteers Ridgepointe Neighborhood party Dale Schmall - 5000 block of Thompson party Stewart Peninsula Homeowner's Association party The Legends Homeowner's Association party The largest party was in The Legends and Mr. Charles Caldwell was recognized for having the most active crime watch group in 2001. Officer Mark Phillips received a Police Commendation Award for his efforts in coordinating this event. 1.1 Citizen Input Barbara Manton, 5033 Shannon, asked when the city is going to grant permission for Sprint PCS to put in their tower. Mr. Persaud advised the topic is on the October 1, 2001 council agenda for action. Melvina Sparks, 5649 Painter, alleged that the police department is conducting a "witch hunt" with regard to her son and asked the council to see that it stopped. Del Duerr, 5627 Westwood asked the status of the signal light at Morningstar and SH 121. The City Engineer will advise her after the meeting. September 17, 2001 12.0 I CONSENT AGENDA 2.1 Consideration of approval of minutes of the council meeting held September 10, 2001 (Devlin) Motion to approve the minutes as written - Kovatch; second- Dillard carried with ail ayes. 2.2 Consideration of approval of council expenditures (City Council) Motion to approve as presented- Kovatch; second- Dillard carried with ail ayes. 2.3 Consideration of approval of an ordinance adopting a redistricting plan for city council districts (Persaud) Motion to approve the ordinance as written - Kovatch; second- Dillard carried with ail ayes. 2.4 Consideration of a resolution authorizing an Interlocal Agreement with Texas Municipal League for employee insurance coverage (Burkett) Motion to approve the resolution as written - Kovatch; second - Dillard carried with ail ayes. 2.5 Consideration of a resolution authorizing the City Manager to sign necessary contracts regarding the CAPP project (Sparkman/Johnston) Motion to approve the resolution as written - Kovatch; second- Dillard carried with ail ayes. 2.6 Consideration of approval of a resolution approving an increase in monthly rates from $1.52 to $1.58 for Community Waste Disposal, Inc. (CWD) (Crutchfield/Leverich) Councilmember Jue asked if staff reviewed the option to extend this agreement without raising the rates. Mr. Cheatham said the committee reviewed the request and recommends reviewing the entire recycling program during the next year. The Committee therefore recommends increasing the rate at this time. Motion to approve the increase as recommended- Dillard; second- Garcia carried with all the following, vote: Aye - Gordon, Stanwick, Garcia, Dillard, Kovatch No - Jue, Henville-Shannon 13.o I REGULAR AGENDA: 3.1 Consideration of approval of an ordinance setting the ad valorem tax rate (Johnston) Mr. Tony Johnston, Asst. City Manager, advised the council that staff recommends lowering the tax rate by one cent to $.725 per $100 valuation. He noted that last year the council lowered it three cents from $.765. Mr. Johnston stated he did not recommend lowering the tax rate any further this year. Councilmember Kovatch handed out a proposal in which he outlined lowering the tax rate another cent to $.715. Mr. Kovatch advised that some of Mr. Cheatham's projections had been incorrect and that the budget would allow the lower tax rate, funding of 3 new police officers for ½ a year, and $300,000 for 4B-Park improvements. Motion to adopt the ordinance adopting a tax rate of $. 715 - Kovatch. Mr. Johnston responded to the points of the new proposal. He reminded council that building permits are going to decrease dramatically in 1 - 11/2 years and that we only have two September 17, 2001 major retail stores generating sales tax. Mr. Johnston went on to state that Mr. Cheatham's numbers were correct. He continued by explaining why it would not be wise to make this tax reduction at this time, stating it would throw off all the established formulas. Councilmember Kovatch said there is always money left and he would like to see it used for park projects. Councilmember Gordon stated he would like to reduce the tax rate but with all the needs facing the city, he did not recommend it at this time. Councilmember Jue thanked Mr. Kovatch for his efforts, and said he would also like to see these projects move ahead. Mr. Jue stated that with the economic downturn, the city should cut taxes and use all our resources when the future is so uncertain. Mayor Henville-Shannon reminded the council that Austin Ranch and Wynnewood will be developing and said she would give a ten-cent reduction if possible. Motion seconded by Dillard failed with the following vote: Aye - Dillard, Kovatch, Henville-Shannon No - Gordon, Jue, Stanwick, Garcia Motion to approve the ordinance adopting a tax rate of $. 725 - Stanwick; second- Gordon carried with the following vote: Aye- Gordon, Jue, Stanwick Garcia, Dillard No - Kovatch, Henville-Xhannon 3.2 Consideration of approval of an ordinance adopting the municipal budget for the 2001- 2002 year (Johnston) Councilmember Kovatch suggested using money in reserves for some of the projects he named in his proposal he addressed in item 3.2. Councilmember Stanwick said Mr. Jue made a good point in his statements under item 3.2. Mr. Stanwick said he is not opposed to these projects, but believes the money should not be allocated now. He said we should use a conservative approach and address on a case-by-case basis. Councilmember Dillard explained operating days (emergency fund) for the public and suggested that we lower the days in the Utility Fund from 85 to 70 or 75. Mr. Johnston recommended allowing the city manager and him to review the projects before making any changes. Councilmember Garcia stated that Texas has been spared in previous economic slumps, but probably will not be this time. He also recommended a conservative approach Motion to approve the ordinance adopting the budget as presented- Garcia; second- Gordon carried with all ayes. 3.3 Consideration of approval of a resolution adopting an amendment to the Bylaws of The Colony Economic Development Corporation (Terrall) Councilmember Stanwick asked if we would still be able to offer package deals (city and EDC). Mr. Terrall stated we would. Discussion regarding requiring 3 members of the board to vote for a proposal. Motion to approve with requirement that 3 members of the board vote for a proposal - Kovatch; second - $tanwick carried with the following vote: Aye- Gordon, Jue, $tanwick, Kovatch, Henville-Shannon No - Dillard Abstain - Garcia September 17, 2001 3.4 Consideration of approval of a site plan for a 15,250 sq. ft. retail center located on a 1.4749 acre tract on the northeast corner of Paige Rd. and SH 121 (Persaud) Mr. Persaud presented a brief overview of the project. Council discussed the loading area for the restaurant, mutual access and the length of the deceleration lane on 121. Motion to approve with staff and P&Z stipulations - Gordon; second - Stanwick, carried with all ayes. 3.5 Consideration of approval of specific amendments to the 1997 Thoroughfare Plan (Persaud) Harry Persaud outlined the following items, which need to be addressed with regard to the Thoroughfare Plan for the city: (P&Z Recommendation included) 1. Windhaven Extension to Josey Lane (4-2 not to recommend approval) 2. Removal of Headquarters West of Plano Pkwy (4-2 to recommend approval) 3. Removal of Marsh Ln. Extension from Parker Rd. in Plano, north to Spring Creek Pkwy (6-0 to recommend approval) 4. Removal of Overlake Dr. east of FM 423 into Frisco (6-0 to recommend approval) Windhaven Extension Mr. Henry Billingsley, property owner in Austin Ranch, told the council extending Windhaven to Josey Lane will open up property in The Colony and Lewisville and will tie all the properties together. He said the cost for construction is estimated at $5 million and it will benefit The Colony, Lewisville, Carrollton and Plano. Councilmember Stanwick said he would rather see Trinity Drive the full north/south distance instead of including a dogleg over to Tittle Drive. Councilmember Gordon noted that The Colony would get much more traffic but would get no benefits from this extension. Councilmember Kovatch said the roadway would help restaurants in The Colony to survive. Councilmember Jue expressed concerns over the amount of truck traffic, which would be going through The Colony (estimated 200 per day). He said The Colony will have to maintain that portion of the roadway, provide police, etc. and will get no tax dollars from this extension. Councilmember Kovatch asked how Cisco traffic would get out of the area if this roadway were not extended. Mr. Billingsley said they would have to go south, then to Josey to 121 or to Hebron Pkwy. Councilmember Dillard stated the roadway would give additional exit for people in The Colony Motion to approve the extension of Windhaven as presented- Dillard; second- Stanwick. Following the motion the mayor opened the floor to public input. Bill Harrison, 5068 Walker asked the council if the Billingsley Co. ever requested The Colony to annex the Tittle property. Mr. Persaud said not to his knowledge. Bill Jamme, 5405 Sutton Place, said he believes the extension of Windhaven has to happen someday, but that it should be put off until we need it. To extend the roadway now would give the city lots of traffic with no benefits. Mr. Jamme also stated that the mayor and the place 6 Councilmember had expressed concerns in the past about conflicts of interest. Mr. Jamme went on to state that he believes they September 17, 2001 both received substantial campaign contributions from the Billingsleys and that if that is true, they should both recuse themselves from voting on this matter. Liz Ripperger, 5909 Stewart Blvd. Expressed concern about a violation of ethics if the mayor and Place 6 Councilmember vote on matters concerning Austin Ranch, since (she believes) both were supported by the Billingsley's in the last election campaign. Richard Kuether, 4109 Driscoll, said he thinks the extension of Windhaven Pkwy to Josey is a good idea. Mayor Henville-Shannon stated the developer would be paying for the road. She said this is not just about The Colony, but it is a regional transportation issue. The mayor said the extension of Windhaven would benefit and enhance The Colony. She said we need roadways in place to help economic development. The mayor said we should think for the good, not politically, and noted that staff has recommended approval. Extension of Windhaven motion to approve carried with the following vote: Aye- Gordon, Stanwick, Dillard, Kovatch, Henville-Shannon No - Jue, Garcia Removal of Headquarters West of Plano Pkwy. Motion to approve option 1 with continuous 6DA or 4DA-4DB from Piano Pkwy to Windhaven- Kovatch; second - Stanwick carried with the following vote: Jue - No, all other ayes. Removal of Marsh Ln. Extension from Parker Rd. in Plano, north to Spring Creek Pkwy. Consensus to remove Removal of Overlake Dr. east of FM 423 into Frisco Consensus to remove 3.6 Consideration of approval of an ordinance amending Chapter 6, Article VI of the Code of Ordinances relating to Public Works Inspection Fees (Johnston) Motion to approve as presented- Dillard; second- Jue carried with all ayes. CITY MANAGER AND STAFF REPORTS 4.1 Receive report regarding maintenance of City property (Leverich/Johnston) Ken Leverich gave a slide presentation showing improvements to city property, which had been made in recent weeks. 4.2 Receive report regarding Trinity Trash Bash (Crutchfield) Bruce Crutchfield, Recycling Coordinator, gave a brief report. There were 200 volunteers, $5000.00 in donations plus volunteer labor. Three miles of park and shoreline were cleaned up and 2500 pounds of trash was collected. September 17, 2001 With no further business to address the meeting was adjourned at 10:20 p.m. APPROVED: Bemetta Henville-Shannon, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary