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HomeMy WebLinkAbout08/05/2002 City Council 00769 ,i CITY OF THE COLONY DENTON COUNTY, TEXAS AUGUST 5, 2002 (Before the meeting was called to order, Mayor Henville-Shannon announced that a 4 way stop sign is being installed at the intersection of Keys and N. Colony and will hopefully be in before school begins.) The Regular Session of thc City Council of the City of The Colony, Texas was called to order at 7:07 p.m. on the 5t~ day of Augnst, at City Hall with the following roll call Bernetta Henville-Shannon Mayor Present John Gordon Councilmember Present Lewis Jue Councilmember Absent (personal) Joe McCourry Councilmember Present Lynda Bayliss Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present and with a quorum established, the following items were addressed: I 1'0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: I Call to Order Invocation - Friendship Baptist Church - Pastor Tony Burrell Pledge of Allegiance to the United States Flag Salute to the Texas Flag Mayoral Proclamation - National Night Out (Phillips) Officer Mark Phillips accepted the proclamation and invited everyone to come out on Tuesday, August 6, 2002 and participate in one of the many National Night Out Parties. Champs 3rd Quarter Report- (Sue Walden) Ms. Sue Walden gave a brief history of the CHAMPS program for newly elected Councilmembers and stated in her report the program had saved the city $6,237.75 so far this year. The third quarter savings was $3,525.75. Citizen Input Martin Benson, 6708 Matson, addressed the condition of streets in his neighborhood, specifically Gates and Matson Drives. Mr. Benson asked the council to put more effort into repairing the streets in the City. He turned in a petition with 79 names asking for the extra effort. John Streaker, 5612 Longhorn Drive addressed the council regarding the condition of Paige Road and said it should have been shut down and repaired correctly. Irene Paskert, 6708 Matson said she is concerned about that street opening into a construction area and the needed repairs to Matson and Gates drives. James Bullington, 6612 Adobe Circle, agreed with previous speakers about the condition of Gates and Matson drives. He said the council is not doing a good job of running the city and is not taking care of the citizens. Mr. Bullington demanded the council get the streets fixed and to quit wasting money on fountains. He said the city had done nothing for Eastvale and he urged all citizens to call the city and complain. Michael and Christian Sanchez did not speak but asked that their position be stated for the record. They are concerned about the poor condition of the streets in the city. Charlotte Griffis, 5636 Bedford Lane said she just moved here last year and that she is disappointed in the condition of the streets. She said we have the highest taxes around and that she is sure money can be found to repair the streets. August 5, 2002 1 00769 Trong Presley, President of The Colony Chamber of Commerce, was concerned about the newspaper article last week threatening to boycott The Colony businesses. He reminded everyone that tax money spent in The Colony helps to repair the streets. He urged citizens to please keep their tax dollars in the city. Christi Martin, 5904 Madison, Chair of the Lakeside Community Theater said she has looked over the city's proposed budget and noted there is no money in the budget for the arts. She compared The Colony to Frisco, noting Frisco had allocated $19 million for arts. Ms. Martin said art is good for the city and that currently artists have to leave the city to "do their thing." She said the arts community expects their fair share. Mayor Henville Shannon responded stating that developers put in the roads, not the city. She said many of the streets are 27 years old; noting the life of concrete is about 25 years. The mayor said there is more than $72 million in street repairs needed citywide and the only way we can handle it is a little each year. She said The Colony and Frisco couldn't be compared because in regard to economic development, Frisco out ranks The Colony 10 - 1.She further invited the public to attend the budget work session on August 7. 12.0 I CONSENT AGENI)A 2.1 Consideration of approval of the minutes of the council meeting held July 15, 2002 (Wilson) Motion to approve the minutes as written - Gordon; second- Schrag carried with all ayes. 2.2 Consideration of authorizing the use of seized funds in an amount not to exceed $9,000 for the purchase of CAI) equipment for the Police Department (Clark) Motion to approve the request as submitted- Gordon; second- $chrag carded with all ayes. 2.3 Consideration of approval of an ordinance amending the Code of Ordinances by repealing Section 19-28 relating to one-way traffic on John Yates Drive (Clark) Motion to approve the request as submitted- Gordon; second - $chrag carried with all ayes. 2.4 Consideration of acceptance and award of bid for Paige Road Phase II of the 1999 Thoroughfare Bond Program in the amount of $2,768,184.25 and approval of an ordinance authorizing the city manager to enter into a contract with Ed Bell Construction (Sparkman) Councilmember Marks pulled for discussion. James Hanvey gave a brief presentation on this item, stating that the east channel on Paige is currently blocked due to the construction in the area. He said a relief valve is being installed and underground drainage is being installed. Mr. Marks asked about signalization on 121. Mr. Hanvey advised that the lights at Paige and 121, Paige and S. Colony and Paige and Memorial drives will all be re-worked as a result of the construction. Mr. Cheatham reminded council that TxDOT contracts with the City of Lewisville to provide maintenance on signal lights along the 121 corridor. Motion to accept the bids and award the contract as recommended - Jue; second - McCourry carried with all ayes. I 3.0 I REGULAR AGENDA ITEMS 3.1 Public hearing regarding a request for a Specific Use Permit for the sale of liquor, beer and wine for on-premise consumption in a 3000 sq. ft. restaurant (Mi Casa Tex August 5, 2002 2 00769 :, Mex), located at 4750 South Colony Blvd, Suite 120 and consideration of approval of an ordinance granting the Specific Use Permit (Persaud) Mr. Persaud gave a brief background on this item, stating that staff and P&Z recommend approval. Mayor Henvillc-Shannon opened the public hearing. Martin Bcnson, 6708 Matson said the SUP should not be granted due to the condition of thc streets in The Colony. With no further public input, Mayor Hcnvillc-Shannon closed the public hearing. Motion to approve the ordinance granting the SUP as recommended- McCourry; second- Gordon carried with all ayes. 3.2 Presentation of the Municipal Budget FY 2002/2003(Koo/Johnston) Mr. Johnston advised the council that no action is required at this time. He said that according to charter requirements the budget had been filed in the city secretary's office. He also noted a copy has been in placed in each council member's mailbox and in the library for the public to review. The first budget work session is set for August 7, 2002 at 6:30 p.m. 3.3 Consideration of approval of an ordinance calling a public hearing regarding the municipal budget FY 2002-2003 at 7:00 p.m. on August 19, 2001 (Koo) Motion to approve the ordinance as written - Gordon; second - Schrag carried with all ayes. 3.4 Receive presentation and consideration of appropriate action regarding a request by Col. White for portables at The Colony Iligh School This item was not addressed at the request of Col. White. 3.5 Consideration of adoption of an ordinance authorizing the issuance and sale of the city's combination tax and limited surplus revenue certificates of obligation, series 2002; levying an annual ad valorem tax and providing for the security for and payment of said certificates; approving the official statement; and enacting other provisions relating to the subject (Koo) Ms. Koo introduced Mr. Doug Hartman with First Southwest who advised this is the largest issue the city has ever had and that the interest is the lowest ever. Motion to approve the ordinance as written - Gordon; second- Bayliss carried with all ayes. 3.6 Consideration of authorizing a resolution for the approval of the service plan and proposed tax rate as previously approved by the Denton County Transportation Authority (DCTA) (Terrall) Mr. Tom Terrall addressed the council stating that even though the agenda item, the caption of the resolution and part of the service plan reference a tax levy, the city is under no obligation to implement a tax. Mr. Terrall went on to say the city is "maxed" out due to the 4A and 4B sales taxes and cannot authorize more taxes. Gordon Hikel, city attorney agreed stating the city can pass this resolution and be under no obligation to increase the tax rate. He said if the city did call an election it would be on to approve the service plan, not the tax rate. August 5, 2002 3 00769!: Mr. Charles Emery, DCTA, told the council that passing the resolution would keep the city's options open and that following the November 5, 2002 confirmation; The Colony will have a window (of time) to decide on a funding mechanism. He said they are going to look into public transportation needs regarding rail in the southern part of the county. Councilmember Gordon stated that at some point The Colony will have to pay it's way and that we might have to give up a portion of our 4A or 4B money. Mr. Emery said the city would have a two-year time frame to find a funding stream. Councilmember Bayliss asked if it would be beneficial for the city to stay involved at this time. Councilmember Schrag said he doesn't think this plan'meets the needs of The Colony. Mr. Emery said if the council does not pass the resolution, The Colony would not be involved in the November 5 confirmation, but there might be a way to "buy in" later. Mayor Henville-Shannon clarified the November 5 election gives the citizens the opportunity to vote on the confirmation. Councilmember Gordon stated there does not appear to be any benefit to The Colony at this time and it seems we are being asked to subsidize a rapid transit plan for Denton and Lewisville. Mr. Terrall reiterated there would be two years to see if there is a way for us to participate. He said it could be left open now since there is no initial cost. John Dillard, 4916 Crawford said the council has an excellent opportunity tonight to ask the State and this committee to "drop dead". Mr. Dillard said the city did not ask for this plan and that they want our tax money to fund the 1-35 corridor of Lewisville and Denton. He said the citizens (at this meeting) tonight indicated they want our money to stay in our city for streets and arts and other things. He said "want my taxes to stay in The Colony." Motion to reject the resolution and not to participate any further in this program - McCourry; second - Gordon carried with the following vote: Ayes - Gordon, McCourry, $chrag, Marks, Henville-Shannon No - Bayliss 3.7 Consideration of approval of a site plan for portable classrooms at Morningside Elementary School located on Paige Rd. in The Colony (Persaud) Mr. Persaud gave a brief background on this item. Mark Ross with LISD advised the high rate of growth in LISD has prompted the portables use this year. He said this year there would be no more portables at The Colony High School and next year they will all be removed from Peters Colony Elementary. He said this is a temporary measure to keep students within their own community, until LISD can add on to the school building. Mayor Henville-Shannon asked Mr. Ross if the recent bond included Momingside. Mr. Ross said if the student numbers meet the requirements in 5 years, then yes some of that money will go to Morningside. He said the need has to be for 6 - 8 classrooms before they will build. Councilmember McCourry asked why the portable buildings were to face Paige Rd. After brief discussion, Mr. Ross agreed that if the buildings can be re-located, they would be. Councilmember McCourry asked if this matter should go to BOAA. Mr. Hikel said according to the city's zoning ordinance, BOAA does not have authority over matters such as this. Mayor Henville-Shannon said she is concerned about the number of portables and thinks LISD should put money into renovating the schools, not into portables. She further asked if a time limit could be put on how long the portables can remain in place. Councilmember Gordon stated that LISD couldn't control the growth rate. James Bullington, 6612 Adobe Circle, expressed his opposition to allowing the portables. He stated The Colony has always been a stepchild to LISD and that the council should take a stand. Mr. Hikel advised that setting a time limit would be setting a precedent. August 5, 2002 4 Motion to approve with stipulation that LISD will work with staff to relocate the portable buildings to back of the property if possible - Gordon; second-McCourry carried with all ayes. With no further business to address, the meeting was adjourned at 9:15 p.m. APPROVED: ATTEST: Patti A. Hicks, TRMC, City Secretary August 5, 2002 5