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HomeMy WebLinkAbout05/20/2002 City Council MINUTES OF THE REGULAR SESSION OF COUNCIL HELD ON MAY 20, 2002 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 204 day of May 2002, at City Hall with the following roll call: Bernetta Henville-Shannon Mayor Present John Gordon Councilmember Present Lewis Jue Councilmember Present Joe McCourry Councilmember Present Lynda Bayliss Councilmember Present John Dillard Councilmember Present Dave Kovatch Councilmember Present and with seven present a quorum was established and the following items were addressed: Il.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Bob Evans, Holy Cross Catholic Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Denton County Transportation Authority May 30th (7 p.m.) public meeting announcement (Johnston) Citizen Input Mr. John Dillard expressed his sentiments regarding his service to the citizens of The Colony as a Councilmember for Place 5 since 1992. ~ CONSENT AGENDA 2.1 Consideration of approval of the minutes of the council meetings held May 6 and 7, 2002 (Hicks) Councilmember McCourry asked for this item to be pulled from the consent agenda so he could vote separately on this one item, due to him not being in office during these meetings. Mayor Henville-Shannon also wished this item pulled to clarify and make a correction on the May 6th minutes, Item 3.3. She stated that the total properties with possible damage was 10, not the White and August properties plus 10 more lots. Motion to approve with correction as stated - Gordon; second- Dillard carried with five ayes; McCourry and Bayliss abstained. 2.2 Consideration of granting the city manager authority to approve change orders up to 25% of the project, not to exceed $25,000 (Koo) The City Council will be asked to consider authorizing the city manager to approve change orders on contracts without bringing the item to the council up to 25% of the total contract, not to exceed $25,000. This change would be in compliance with State law. Motion to approve as presented- Gordon; second- Dillard carried with all ayes 2.3 Consideration of authorizing payment of fee assessment for CAPP participation (Koo) The City is a member of a consortium formed to review and make recommendations regarding electric service providers. Each member city is required to pay an assessment to cover costs. Motion to approve as presented- Gordon; second- Dillard carried with all ayes 2.4 Consideration of approval of an ordinance canvassing and declaring the results of a manual recount of the ballots cast in the Councilmember Place 4 race in the general election held May 4, 2002 (Hicks) This canvassing ordinance is required as a result of the manual recount. The recount did not change the outcome of the election. Motion to approve ordinance- Gordon; second- Dillard carried with all ayes 2.5 Consideration of approval of a resolution granting the Denton County Housing Finance Corporation to issue debt to finance mortgages for single family homes (Johnston) This program is for first time homebuyers and does not cost the city. Motion to approve resolution - Gordon; second- Dillard carried with all ayes ~ REGULAR AGENDA ITEMS I 3.1 Consideration of Office Creek erosion control improvement (Johnston) There about 10 properties with the potential of being adversely impacted by erosion and the Council will consider possible courses of action. Asst. City Manager Tony Johnston addressed the Council explaining this item has been brought back from the May 6th meeting. He identified the ten properties that may need repair due to erosion of Office Creek, which is located behind the properties. He introduced Mr. Mike Boyd of Nathan Maier Consulting Engineering who surveyed the areas and brought his assessment and recommendation to Council. Mr. Boyd stated he walked the creek from Main St. to Standridge. He showed photos of the creek and the rear of various properties. He pointed out exposed tree roots and eroded areas. He stated the creek has a rock bottom and is stable at this time. Mr. Boyd explained that erosion is worse at points where the creek meanders toward the properties of homeowners, stating that thick vegetation is helping to keep some areas more stable. Mr. Boyd stated the property belonging to Mr. Mike August has erosion occurring beyond the property line and into his backyard. Ms. Linda White's property has lost a lot of the embankment but the erosion has not reached her backyard yet. He recommends making permanent repairs on these two properties and does not recommend any repair to the other eight properties at this time. Councilmember Gordon asked Mr. Boyd if making repairs on these two properties could cause additional drainage problems for the other properties. He advised he wants the drainage for Office Creek fixed. Mr. Boyd replied that naturally some erosion would occur over time but believes there is enough buffer for the next five year span. He added that the repairs to those properties could affect the lots on either side, and added that any other necessary repairs would be made. Mr. Boyd stated that, due to thick vegetation, access to the creek would have to be made through the backyards and repairs there would have to be made. Mr. Gordon asked if removing vegetation would be helpful. Mr. Boyd replied that removal of some trees in the creek would help straighten out the creek and help with drainage. Mr. Gordon expressed concern that as more development comes in, more drainage will occur in the creek, and he wants to fix the problem. Mr. Boyd stated he believes it would be premature to make additional permanent repairs now. He believes the creek should be monitored, and only make repairs to the properties of August and White by going through the yards. He noted this will minimize environmental disturbance. Mr. Gordon asked Mr. Boyd to confirm if he is recommending repairing these properties individually, and also if he believes other properties will not need to be repaired for another five years. Mr. Boyd confirmed this. -- Councilmember Jue asked Mr. Boyd if he has looked at the repair design for the August's yard. Mr. Boyd responded that he had not but was familiar with other work of this contractor and expressed confidence that permanent repairs would be made. Mayor Henville-Shannon asked Mr. Boyd if he thinks we will need a retaining wall the whole length. Mr. Boyd replied that he didn't think so with the exception of possibly adding some length to the August property. The Mayor clarified that the source of the problem was the center of the creek was too close to the yards. She also stated that Ms. White's property is downstream. Mr. Boyd agreed. Mr. Boyd added that, at the White property, additional fill was put in by the developers causing some of the bank erosion. He said the August property has been affected by a man-made dam as well as a fallen tree, resulting in water diversion. The Mayor asked Mr. Boyd if the work he is suggesting will suffice for the future development eastward of this area. Mr. Boyd stated retention ponds are being installed along Office Creek as well as other areas that will help reduce the flow. The Mayor then asked Planning Director Harry Persaud if we have an erosion control ordinance. Mr. Persaud stated that engineering standards are in place that provide for erosion control. He said that staff is looking into possibly making it a requirement of increased buffers between developments and the flood plane. The Mayor questioned effects on the south side of the creek. Mr. Persaud replied that a 250' buffer is between the creek and the planned development. He advised that staff will ensure that all engineering standards will be maintained. Councilmember Kovatch addressed the City Manager Dale Cheatham about recouping the costs from developers. Also, that he wants photos and videotape before work begins. He asked Mr. Boyd if trees cause the meanders in the creek, could they be removed. Mr. Boyd thinks it is a good idea to identify these trees and remove them. He estimated five trees. Mr. Cheatham responded to Mr. Kovatch regarding the costs. He stated the work would be done in the name of public safety, providing the recourse of going back to the developer. Ken Leverich, Public Works Director, stated the August property would be repaired first and city drainage crews can clear up the channel. He also said the Public Works budget will cover some of the costs of these two projects. Councilmember Dillard made a motion in the name of public safety authorizing the city manager to repair the properties at 3945 Creek Hollow Way and 3913 Cedar Ridge Court and to authorize the removal of the trees from the creek. Councilmember Kovach seconded the motion. Councilmember Gordon asked if 3945 hadn't been approved for repair at the last meeting. The Mayor confirmed this. Mr. Cheatham advised to make the motion for both in the name of public safety. Motion to approve repair of 3945 Creek Hollow Way and 3913 Cedar Ridge Court, and the removal of trees from the creek- Dillard; second- Kovatch carried with all ayes. With no further business to address, the meeting was adjoumed at 8:00 p.m. APPROVED: Bernetta Henville-Sl~annon, Mayor ATTEST: