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HomeMy WebLinkAbout03/18/2002 City Council MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON MARCH 18, 2002 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:06 p.m. on the 18th day of March 2002, at City Hall with the following roll call: Bemetta Henville-Shannon Mayor Present John Gordon Councilmember Present Lewis Jue Councilmember Present David Stanwick Councilmembcr Absent (Vacation) 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: I 1.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: ] Call to Order Invocation - Wally Lerlye, First Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Mayoral Proclamation declaring March as Women's History Month- The Mayor read the proclamation and showed a poster representing women in the military (local resident Nancy Wetzel on poster). Recognition of Parks & Recreation Department - City Manager Dale Cheatam and Mayor Henville-Shannon presented the T.R.A.P.S. Gold Metal Award to the Parks & Recreation employees. Pam Nelson spoke recognizing the P&R employees' commitment and dedication, and recent accomplishments of the department. Recognition of City Employees- Margaret Burkett recognized and presented awards to city employees whose anniversary dates occurred in January, February and March. Recognition of Charter Review Committee- Mayor Henville-Shannon presented a certificate of appreciation to charter review committee member Robert Leach. Citizen Input- Alt citizen input requests were in regard to items on the regular agenda and postponed until later in the meeting. 12.0 I CONSENT AGENDA I 2.1 Consideration of approval of the minutes of the council meeting held February 25 and March 4, 2002 (Hicks) Motion to approve the minutes as written- Kovatch; second- Garcia carried with all ayes. 2.2 Consideration of authorizing expenditure from Court Security Fund for the purchase of closed circuit television system to monitor activity in the court room (Carroll) Motion to approve as recommended - Kovatch; second- Garcia carried with all ayes. 2.3 Consideration of approval of an ordinance authorizing the purchase of two pick-up trucks for the Public Works Department from Houston/Galveston Area Council of Governments in the amount of $40,846.29 (Leverich/Sparkman) Motion to approve ordinance as written- Kovatch; second- Garcia carried with all ayes. 2.4 Consideration of approval of an amendment to the Cable Channel Policy with regard to advertising for non-profit organizations (Cheatham) Motion to approve amendment as written- Kovatch; second- Garcia carried with all ayes. 2.5 Consideration of authorizing an amendment to the Interlocal Cooperation Agreement for Operation and Maintenance of Traffic Signals with TxDOT; adding two traffic signals in the City of Hickory Creek (Hicks) Motion to approve amendment as written- Kovatch; second- Garcia carried with all ayes. 2.6 Consideration of authorizing the renewal of a contract with Mr. John Mitchell for the lease of an irregular tract of land (Johnston) Motion to approve the contract renewal as written- Kovatch; second- Garcia carried with all ayes. 2.7 Consideration of approval of a resolution authorizing an Interlocal Agreement by and between The City of The Colony and Denton County granting the city exclusive jurisdiction to regulate subdivision plats in the extraterritorial jurisdiction (ET J) (Persaud) Motion to approve the resolution as written- Kovatch; second- Garcia carried with all ayes. 2.8 Consideration of acceptance and award of bids to TrueGreen Landcare for annual mowing services at Hidden Cove Park, Pocket Parks, Baker Street ditch, Municipal Building Grounds, the Aquatic Park and SH 121 right of way and approval of an ordinance authorizing contract for same (Nelson/Sparkman) Motion to approve ordinance as written- Kovatch; second- Garcia carried with all ayes. 2.9 Consideration of acceptance and award of bids to Sunports shade structures at the Aquatic Park and approval of an ordinance authorizing contract for same; and consideration of rejection of bids for installation of a pavilion at the Aquatic Park (Nelson/Sparkman) Motion to approve ordinance as written- Kovatch; second- Garcia carried with all ayes. March 18, 2002 2.10 Consideration of authorizing Aquatic Park Class Pricing and Public Swim Schedule changes (Nelson/Knox) Motion to approve as written- Kovatch; second- Garcia carried with all ayes. 2.11 Consideration of authorizing amendments to the Aquatic Park Rental Policy (Nelson/Knox) Motion to approve as written- Kovatch; second- Garcia carried with all ayes. 2.12 Consideration of authorizing a rental agreement and fee structure for Hidden Cove Park boat and recreational vehicle facilities (Nelson) Motion to approve as written- Kovatch; second- Garcia carried with all ayes. 2.13 Consideration of approval of an ordinance authorizing the city manager to enter into a Professional services contract not to exceed $112,520 for the design of the Office Creek 3 million Gallon Ground Storage Tank (Saldafia) Motion to approve ordinance as written- Kovatch; second- Garcia carried with all ayes. 2.14 Consideration of approval of an ordinance authorizing the city manager to enter into a Professional services contract not to exceed $8,700 for the redesign of the Colony Park Shopping Center Water and Sanitary Sewer Replacement (Saldafla) Councilman Gordon requested this item be pulled from the consent agenda for separate discussion. Mr. Gordon asked Abel Saldar~a what we were doing now for thc shopping center regarding the sewer and water lines. Mr. Salda~a stated that these lines located on the north side of the old Brookshires building collapsed and the water flow is low; staff is suggesting rerouting the lines. Mr. Gordon asked if the driveway could have shifted and could there be any joint liabili? regarding the repairs needed. He also asked if there was any cost estimate as yet. Mr. Saldana replied that it is unknown as yet whether any joint liability exists and that there is no cost estimate to date. Motion to approve contract as written-Gordon; second- Garcia carried with all ayes. I 3.0 I R GU AR AGEm)A ITEMS I 3.1 Consideration of acceptance of Comprehensive Annual Financial Report for year ending September 30, 2001 (Koo/Mansfield) Asst. City Manager Tony Johnston explained the annual financial statement and introduced Shawn Parker who gave a recap of the financial audit results, stating the city is in good financial condition. March 18, 2002 Motion to accept financial statement as written- Dillard; second-Garcia carried with all ayes. 3.2 Receive presentation from TXU regarding recent gas rate case filing (McKinnis) Cheryl McKinnis with TXU Gas explained the basis for the gas rate request and asked city council for a successful result for the city and TXU Gas. She advised the proposed increase would be $3.79 for residential and $2.13 for commercial customers. She asked that council suspend the effective date of the rate change for 90 days (July 5, 2002) for time to evaluate the proposal. Councilman Kovatch asked if the majority of invested expense was for new customers in The Colony. Ms. McKinnis stated most of it was for additional gas lines, service lines and meters, and the Cost for putting in mains is not fully recovered. No action required. 3.3 Consideration of approval of a resolution authorizing a steering committee of affected cities to retain legal counsel and rate case consultants; authorizing cities to intervene in related dockets before the Texas Railroad Commission; and suspending the proposed tariff and schedule of rates of TXU Gas Distribution Company (Sparkman) Bob Sparkman explained the four parts to the resolution, and explained the need for inclusion in the steering committee as well as for legal counsel and rate case consultants. He stated the cost is reimbursable and at no cost to the city. Motion to approve resolution as written- Gordon; second Kovatch carried with all ayes. Mr. Gordon asked if item 3.4 could be heard after 3.5. The Mayor went on to 3.5 then returned to 3.4. 3.5 Receive report concerning a regional traffic impact study and consideration of any appropriate action to be taken as a result of that report (Persaud) Mr. Persaud stated a citywide study would cost $36,000 and south of SH 121 would be $18,500. He stated we will need a citywide study done anyway in another 2-3 years, prior to the city's comprehensive plan update. He explained the traffic on Plano Parkway is still within capacity and should be at 68% after Sysco, with incremental development over next three years. Mr. Gordon asked why wait until another major development comes along to be prepared with a traffic study. Mr. Persaud stated a traffic study done now will be outdated in a few years, and he recommends waiting until a developer can help pay for the study since the city doesn't have this budgeted this year. Mr. Jue said he was concerned with regional study, that the traffic pattern will change with construction on SH 121 (5-6 year project), and suggested a citywide traffic study. The Mayor asked who normally pays for traffic studies. Mr. Persaud replied that so far they have been paid by the developer. The Mayor asked how often do we do a study. Mr. Persaud replied that depends on the location of the development. The Mayor asked if COG has done any recent traffic studies of this area and Mr. Persaud replied that a regional traffic study had been done. The March 18, 2002 Mayor then asked if TxDOT had done studies and Mr. Persaud said they had last year for Plano Parkway. Mr. Kovatch asked if it was reasonable for a report to reflect future assumptions regarding traffic counts. Mr. Persaud said yes. Mr. Gordon stated we need to act in anticipation of widening Plano Parkway. Mr. Persaud recommended we monitor the situation rather than doing a whole study now, so the developer pays some of the cost. Mr. Gordon asked if a study takes three months and Mr. Persaud replied yes. Mr. Jue stated he wanted a base to work off of (citywide rather than for one area) and asked if the cost can come from impact fees. Mr. Persaud stated that a citywide traffic study now may not eliminate the need for another in the future for individual development sites. He added that zoning changes will change future traffic flow. Mr. Kovatch asked Mr. Persaud to clarify that a traffic study north of SH 121 would be useless because of all our roads under construction. Mr. Persaud believed that would be correct. Motion to approve traffic study for the south side of SH 121at a cost $18,500- Gordon; second by Mr. Jue; motion carries with Mayor Henville-Shannon and Mr. Dillard voting no. 3.4 Consideration of approval of an ordinance authorizing the city manager to enter a developer's agreement with the Billingsley Company regarding the Tittle Drive connection to Piano Parkway (Persaud) Harry Persaud explained the background of the Tittle Dr. issue and the development agreement. Mr. Gordon asked to clarify the traffic study numbers regarding number of trucks per day. Danny Cummings, traffic engineer, stated 55% going north and 45% going south. Mr. Persaud stated 200 per day, 110 of those going north on Plano Parkway. He further stated the total vehicle number is 1,259 per day going north. Mr. Dillard asked about legalities, stating access cannot be denied. Mr. Hikel stated if two questions could be satisfied- 1. Does the connection meet design standards? And, 2. What are the concerns? Then the city should proceed otherwise, a lawsuit could ensue. Mr. Dillard asked what schematics show improvements to the road. Mr. Salda~a said there was a (approx. 1996) thoroughfare plan, but no current schematics showing improvements. Mr. Jue stated his issue was the traffic impact. He questioned whether it is appropriate to do a median cut, referring to previous information regarding the traffic flow. He believes we are rushing to make a decision on the median cut. The Mayor spoke referring to a flier that had been put on residents' doors, stating that some of the information on it was inaccurate. She read a letter from the vice-president Steve Williams of Sysco Food Services (See attachment "A") who stated they did not provide the numbers that were quoted in the flier. He stated they estimate approximately 240 trucks, staggered leaving times from 4:30 to 6:30 a.m. and from 10:30 p.m. to 2:00 a.m.; departure times between 7:30 a.m. to 3:00 p.m. The letter also emphasized some benefit to our city being jobs, shopping, gasoline purchases, and restaurant visits. The Mayor reiterated for everyone to get the facts correct. Mr. Billingsley spoke to reinforce the position he has regarding the median cut and explained the plans for the other roads in the area. He emphasized that discussion regarding median cut has always been part of the plan. He stated he had provided everything to the city that has been requested (stacking lane, traffic signal, wide radius turn). He stated that Plano Parkway is not maxed out as far as traffic counts. Mr. Kovatch asked the city attorney again about legalities of March 18, 2002 denying the median cut. Mr. Billingsley stated there would be safety issues without the median cut. Mr. Jue asked the city attorney if we have to approve all or none of the ordinance. Mr. Hikel stated it can be excised to deny the median cut but we should consult the city engineer. Abel Saldax~a showed an overhead of the streets and explained the engineering requirements. Mr. Gordon asked Abel if he recommended putting the median cut in and Abel replied yes. Citizen Input: David Traynor, 5005 Brandenburg, spoke asking council to look closely at planning regarding this issue. Joe Agnew, 5301 Nash, stated there were discrepancies in the developer's presentations and that there needs to be an independent study of the impact of the number of vehicles. He requested this item be delayed until further studies can be done. Barbara Manton, 5033 Shannon, opposed this item. She questioned whether the number of trucks would benefit our city, while increasing the road repairs. She stated Mr. Billingsley misrepresented the plans and manipulated the council to his benefit. The Mayor stated that there was no cost to the city when Plano Parkway was built. She reiterated the city cannot deny access to Sysco and that the median cut will provide safety. The city only has control over the intersection, not Tittle Dr. The Mayor asked city attorney Gordon Hikel what the legalities were on this issue. Mr. Hikel stated two points. 1. Has the design criteria been met? 2. Are the safety concerns addressed? The Mayor stated some of the truck traffic will be ours on Plano Parkway. Mr. Garcia presented the question whether Mr. Bright would provide a letter stating completion of an adjoining road, identified as Windhaven Parkway north to Josey. -- Mr. Gordon stated that all we can do is try to manage the traffic flow. Mr. Kovatch asked Mr. Hikel if we can wait until a traffic study is done before approving the median cut. Mr. Hikel replied that we have the option of calling for a traffic study. Mr. Jue stated he was not satisfied with the information pertaining to the median cut and wants more information to make a good decision. The Mayor stated the city engineer recommends the median cut and he works for the city. Mr. Billingsley (responding to Mr. Jue) stated he has been working on this for five months and has provided all that has been requested. He does not want any more delays. He will answer specific questions if there are any. Mr. Gordon asked how the project would be impeded by waiting three months. Mr. Billingsley said that's too long to wait and would cost too much money to make changes in the intersection. Mr. Gordon brought up the difference in the numbers of trucks and Mr. Billingsley stated Phase One should have approximately 200 trucks for 5-7 years. Mr. Jue asked the number of square feet the Farmers Branch facility had and Mr. Billingsley replied 380,000 square feet. Harry Persaud stated the concern was with the number of trips impact on Plano Parkway and advised that TxDOT, in regard to SH 121, was okay with it based on a traffic study. Motion to approve ordinance as written- Dillard; second Henville-Shannon; motion passed with Mr. Jue voting no and Mr. Kovatch abstaining. March 18, 2002 3.6 Consideration of authorizing staff to seek outside legal counsel in matters involving the Maharishi Global Development Fund project and the Wynnwood Peninsula development project (Henville-Shannon) The Mayor referred to a letter from city attorney, Gordon Hikel. It was referencing him representing the city while the firm he works for represents MGD Fund and recommending the city hire other counsel for this project. The Mayor stated she is in favor of outside counsel. The Mr. Hikel clarified that his firm represented MGD Fund but not Wynnwood Peninsula. Mr. Gordon stated he's ready to let the conflict of interest issues pass. Mr. Jue said to take Wynnwood out of the request since the wording included both. Mr. Dillard questioned whether we were going to question all law firms for conflicts of interest, and that he was pleased with Mr. Hikel's performance. The Mayor stated she was not questioning Mr. Hikel's ethics, only the issue of his firm representing both sides. Motion to authorize outside council re: MGD Fund only- Kovatch; Second- due; motion passes with Mr. Gordon voting no. Council was advised by the Mayor that two citizens wished to speak on an item previously voted on and they were permitted to do so. Joe Agnew, 5301 Nash, stated he believed there was no conflict of interest regarding the legal counsel, and commended Mr. Kovatch for abstaining from the vote on 3.4. Joe McCourry spoke stating council should seek outside council on this issue. 3.7 Discussion and consideration of council approval of preliminary and final plats (Henville- Shannon) No discussion. With n° further business to discuss, the meeting was adjourned at 9:50 p.m. APPROVED: emetta Henville Shannon, Mayo~- ATTEST: Patti A. Hicks, TRMC, City Secretary ATTACHMENT "A" Food Services of Dallas~ LP America~3 Leading Marketer of Quality Assured Foodservice Products March 18, 2002 The ttonorable Bemetta Henville-Shannon 6800 Main Street The Colony, TX 75056 Dear Mayor Henville-Shannon: On Monday, March 18, we received a copy of the attached flyer in our office. We believe there are some misrepresentations in the flyer that need to be corrected. First, no representative of SYSCO provided the numbers quoted in the flyer. SYSCO estimates that approximately 240 trucks will be utilizing the facility each day when it is occupied. These consist of 120 SYSCO local delivery tracks and 120 inbound trucks delivering to SYSCO. More than 50% of SYSCO's delivery fleet consists of trailers or delivery trucks less than 28 feet in length. The SYSCO trucks typically leave at staggered times each morning, beginning at 4:30 a.m., with the last truck out by 6:30 a.m. SYSCO shuttles delivery trailers to terminals in other locations starting at 10:30 p.m. and continuing until approximately 2:00 a.m. Inbound delivery trucks amve at variou.q times during the day and will be parked on SYSCO property at our truck entrance. These trucks will depart SYSCO typically between 7:30 a.m. and 3:00 p.m. after they are unloaded. When the facility is fully utilized in about 10 years, we estimate that the number of trucks will reach approximately 500 per day. While it is true that the facility is located in Lewisville, we would argue that The Colony will also receive a significant financial boost from our warehouse. We will provide approximately 500-600 jobs in the first year of operation. These employees will eat lunch and shop in The Colony. SYSCO receives many visitors who will also eat, buy gasoline and perhaps spend a night in The Colony. SYSCO will need to eventually hire new employees or replacement workers. We would anticipate that a significant number would come from The Colony. At this time, 14 SYSCO employees and their families live in The Colony, and we believe more will move to your city once we relocate. I hope this addresses some of your concerns. SYSCO's commitment to The Colony, Lewisville and any other city we serve is to be the best possible corporate citizen. Thank you for your consideration. Very t~ yours, Steve Williams Vice President-Human Resources SW/jp Attachment cc: Dale Cheatham