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HomeMy WebLinkAbout03/17/2003 City Council 0077t March 17, 2003 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 17, 2003 Before the meeting was called to order, Mayor Henville-Shannon announced we are under a tornado watch and that there will be an election on May 3, 2003 and encouraged all to participate. The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:10 p.m. on the 17th day of March 2003, at City Hall with the following roll call: Bernetta Henville-Sharmon Mayor Present John Gordon Councilmember Present Lewis Jue Councilmember Present Joe McCourry Councilmember Present Lynda Bayliss Councilmember Present Perry Schrag Councilmember Present Joel Marks 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 - First United Methodist Church - Judith Reedy Pledge of Allegiance to the United States Flag Salute to the Texas Flag Mayoral Proclamation - Severe Weather Week (Morrison) Chief Morrison advised everyone that the best early warning device anyone has is their own eyes and ears. Mayoral Comments - None Citizen Input John Gordon, 5116 Brandenburg, said our nation has much more important things to be concerned about, but that he would be remiss if he did not publicly speak to the mayor's quotes in the newspapers recently. He said he is amazed at how the mayor can distort the truth and continuously bring up the issues of ethics. He said the mayor constantly sends a message of negativism and that her calling the rest of the council unethical (newspaper quote) is unacceptable. He called on the mayor to stop using these tactics, to run on her accomplishments if she had any and to leave the statements about conflict of interest behind us all. 12.0 I CONSENT AGENDA 2.1 Consideration of approval of the minutes of the council meetings held March 3 and 10, 2003 (Hicks/Wilson) Mayor Henville-Shannon pulled this item for discussion. She advised that she wanted the March 3, 2003 minutes amended to reflect her statements in item 3.4 regarding hiring outside counsel for the Wynnwood matter and in item 3.2 regarding her preference for scheme IA. Motion to approve - Marks; second - McCourry carried with ail ayes. 2.2 Consideration of acceptance of bids for the construction of sidewalks, alleys and barrier free ramps and award of bids to Hencie International, Inc. and approval of an ordinance authorizing contract for same (Leverich/Sparkman) Motion to approve as presented- McCourry; second- Marks carried with all ayes. 2.3 Consideration of acceptance of bids for the annual mowing contract for medians, right-of-ways, Stewart Creek Park and Bill Allen Memorial Park and award of bids 1 0077 March 17, 2003 to Grass Eaters Lawn Services and approval of an ordinance authorizing contract for same {Nelson/Sparkman) Motion to approve as presented- McCourry; second - Marks carried with all ayes. -- 2.4 Consideration of approval of an agreement with North Texas Official's Association for the provision of umpire services for the adult softball leagues (Nelson) Motion to approve as presented - McCourry; second- Marks carried with all ayes. 2.5 Consideration approval of a resolution authorizing an amended Interlocal agreement with Lewisville Independent School District for use of facilities (Nelson) Motion to approve as presented - McCourry; second- Marks carried with all ayes. 2.6 Consideration of approval of an ordinance amending the budget in the amount of $10,000 from the Stewart Creek Fund Balance to the street maintenance account for road repairs at Stewart Creek Park (Nelson) Motion to approve as presented- McCourry; second- Marks carried with all ayes. 2.7 Consideration of approval of an ordinance authorizing an agreement with Dunkin, Sims, Stoffels, Inc in the amount not to exceed $28,000, for design services including silt removal for Scout Park Pond and Lions Club Park Pond (Nelson) Motion to approve as presented - McCourry; second- Marks carried with all ayes. 2.8 Consideration of approval of an ordinance authorizing an engineering services -- contract with Chiang, Patel & Yerby, Inc. for preparation of a Water System Master Plan (Johnston) Motion to approve as presented- McCourry; second- Marks carried with all ayes. 2.9 Consideration of approval of a resolution authorizing a change order to the contract with Nathan D. Maier Consulting Engineers, Inc. in the amount of $36,500 to incorporate the Office Creek Phases II A and B with Memorial Drive (Johnston) Motion to approve as presented - McCourry; second- Marks carried with all ayes. 2.10 Consideration of approval of a resolution requesting consideration by the Texas legislature of certain points with regard to the proposed amendments to the Development Corporation Act (Terrall) Motion to approve as presented - McCourry; second- Marks carried with all ayes. 2.11 Consideration of an ordinance authorizing an extension of the contract with CWD for recycling services (Leverich) Motion to approve as presented- McCourry; second-Marks carried with all ayes. 2.12 Consideration of approval of council expenditures (Council) Motion to approve as presented - McCourry; second- Marks carried with all ayes. 2.13 Consideration of approval of a resolution appointing election judges for May 3, 2003 election of officers (Hicks) 2 March 17, 2003 Mayor Henville-Shannon pulled this item for discussion. She asked why the names at the polling places are different than before. Ms. Hicks explained that when the council passed the resolution ordering the election on March 3, all the positions for judge and altemate had not been filled. Since that time all positions have been filled, but some people had to be moved around to accommodate all three polling places. Motion to approve as presented- Bayliss; second- McCourry carried with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Consideration of acceptance of annual Audit and Comprehensive Annual Financial Reports for year ending September 30, 2002 (Koo) Rebecca Koo, Finance Director introduced Scan Parker with Weaver and Tidwell to give an overview of the annual audit report. Mr. Parker advised the city ended the year September 30, 2002 with approximately 90 days in the fund balance, which is a very strong position. He went on to say it was a very clean audit with no audit findings and no unqualified opinions. The council thanked the staff for their excellent work. Motion to approve as presented- Schrag; second- Gordon carried with all ayes. 3.2 Receive report and give direction regarding outdoor early warning sirens (Morrison) Chief Van Morrison advised this item is to receive direction from the council on how to proceed with providing early warning alarms in the city. Capt. Tab Bradburry presented options to the council for their consideration. Capt. Bradburry advised that there is not adequate coverage now and that our system is severely lacking. He stated that while 3 new sirens had been budgeted in this year, actually 4 are needed. He used maps to show the best coverage available using 3 new sirens and 4 new sirens. He displayed another map and indicated that at some time a 5t~ siren should be added in Hidden Cove Park, noting there is not coverage of that area at all. He said the siren used for this proposal is a voice alarm, which would advise people to leave the area or take cover. He further stated that a siren that produces a sound (alarm) would cover a larger area. Mayor Henville-Shannon asked how long it would take to get new sirens in place and Capt. Bradburry advised 4 - 6 weeks, depending on the purchasing process. He said if we have to go out to bid then it would be about 2 months, but if we are able to "piggy-back" with another entity that has already bid sirens, then we can reduce the time frame. Councilmember Marks asked if there are grants or other monies available through the homeland security program. Capt. Bradburry said he has done research and has been told there is no money available for outdoor early warning sirens. Councilmember Marks asked if a siren for Hidden Cove Park could be added later. Capt. Bradburry stated it could be added and added that if the council should approve the purchase of 5 new sirens, then it could be installed now. He said the cost would probably increase next year from approximately $22,000 to as much as $25,000 or more. Councilmember Marks asked if Denton County might split the cost with the city. Chief Morrison advised that the county does not provide for early warning at this time. Mr. Cheatham advised the council that funding over and above what is budgeted could be taken from contingency. Capt. Bradburry advised that adding 5 new sirens this year would provide 100% coverage of populated areas in the city. Councilmember Bayliss asked about the Wynnwood area and stated she agrees with proposal number one. Capt. Bradburry said the 5-year plan includes placing 2 sirens in that area. Councilmember Jue agreed that Hidden Cove Park needs coverage, but reminded everyone that on a daily basis there are more people at The Tribute (golf course on Wynnwood) than at Hidden Cove Park. He suggested using a siren that produces a sound rather than a voice activated alarm so it would cover a larger area and perhaps locating the siren where the sound would carry over to Wynnwood. March 17, 2003 Councilmember McCourry asked the price difference and Capt. Bradburry advised the sound alarm is about $1500 less and does cover a larger area. Mayor Henville-Shannon reminded council that the city is going to start marketing Hidden Cove Park more and that will bring more people to the park. She said she agrees with proposal number one. Councilmember Gordon agreed that it is very important to provide these warning devices to the community, but expressed concern over spending so much of the contingency. He asked the city manager to provide a list of projects funded by this source. Motion to approve proposal one, purchasing $ sirens in an amount of $115,000, placing a regular siren at Hidden Cove Park and to research the location of that siren for the best coverage of the park and The Tribute -McCourry; second- Gordon carried with all ayes. 3.3 Consideration of approval of a site plan for the Quik Trip Station and Convenience Store to be located south of South Colony Blvd. and east of and abutting Main Street (Persand) Mr. Persaud gave a brief history of this project. Following brief discussion by council, motion was made as follows: Motion to approve per staff recommendations- Gordon; second- Bayliss carried with all ayes. 3.4 Consideration of approval of an encroachment agreement authorizing Qnik Trip to install a monument sign and external light poles with the city utility easement (Persaud) Mr. Persaud stated that the property owner wants to place a monument sign in the easement where the 24" water line will be placed. The encroachment agreement states that the property owner will remove the sign and light poles from the easement upon notification from the city that installation of the water line is eminent. The removal of the sign and lights and the re- installation of those items will be at the cost of the property owner. Mr. Persaud stated that the city attorney has advised that an indemnity clause should be added to the agreement to ensure the city is not held liable for any damages. Councilmember McCourry asked if sign changes should go to BOAA. Mr. Persaud said this is not a change to the sign ordinance. He said this is just to allow location in the city easement. He said this is not a request for a variance; therefore BOAA would not address this matter. Councilmember Marks asked that wording be added to the agreement stating that the city would not be liable if the water line leaks. The property owner agreed to adding the language in section 2 "install or maintain" and to the addition of an indemnity clause. Motion to approve the agreement with the addition of an indemnity clause and the words "install or maintain" in section 2 - Marks; second- Jue carried with all ayes. 3.5 Discussion regarding plan review fees and consideration of appropriate action (Gordon) Councilmember Gordon stated that Lucy Billingsley had requested the council discuss this item again, therefore he asked for this item to be on the agenda. Ms. Billingsley handed out some charts and other information to the council, which outlined fees in area cities. She told the council that when they (council) previously discussed this matter, the plan review fee was not included and therefore her company had not been aware that fee would be collected from them. She said the plan review fee was a 44% increase over what they anticipated paying at time of permitting. 4 March 17, 2003 Discussion followed regarding the other cities as shown on the chart and the differences in fees. Ms. Billingsley asked that the council take action so that the plan review fee is included in the permit fee and not added to that fee. Mr. Persaud explained that the plan review fee of 25% was a part of the presentation in August 2002, that it is a part of our ordinance and that his staff has been charging that fee since that time. Mr. Persaud said the council reviewed this matter again in October 2002 and at time the multi-family fee was reduced from $550.00 per unit to $356.00 per unit. Mr. Persaud recommended that the fee not be lowered again. Councilmember Jue asked how much more time is spent in reviewing multi-family plans than commercial, stating that it would appear there would be repetition since many of the units in a single building are the same. Mr. Jack Thompson, Building Official said each time there is a revision to the plans he has to review the entire thing again. He said he looks at egress (how to get people out) and noted that the city does not charge for re-reviews. He agreed that there is some redundancy, but overall, Mr. Thompson said the process is complex. Councilmember Jue said since there is so much redundancy, perhaps we should not charge per unit. Mr. Henry Billingsley addressed the council, stating that they are not questioning the city's ability to charge the fee, but he said building apartments is very competitive. He said The Colony is the highest in the area of those cities with which his company competes. Councilmember Bayliss said she reviewed her notes (from past meetings) and that she is not sure the council knew the plan review fee was not included (in the permit fee). Councilmember Gordon said the council passed the plan review fee at 25% and the permit fee of $500.00, and then we reviewed the issue and reduced the permit fee to $356.00. Continuing, Councilmember Gordon said we need to keep the fees as they are. Councilmember Marks asked if the fees increase was recommended in August to cover expenses in the Planning department. He said he wants The Colony to be competitive too, and asked how we could justify such high fees. Mr. Persaud said budget was not a consideration. He said they looked at the high percentage of multi-family in our city's growth projections of land use. Councilmember Marks suggested discussing this in a work session. Councilmember Jue said when this was first brought up he and Councilmember Schrag were opposed and we asked for a work session then. He said the council approved the fees and now this has come back twice for review. Councilmember Jue said that embarrasses him, stating that we (council) should have asked our questions then. Motion to decrease the plan review fees to 10% of the building permitfeefor multi-family- Jue. There being no second- the motion died. Motion to leave the fees as they are - Gordon; second- McCourry. Councilmember Marks said he admits when he has made a mistake and he believes that maybe he voted too quickly. He asked why Councilmember Jue moved to reduce the fee to 10%. Councilmember Jue said he was looking for a compromise to help the developer and to get this resolved tonight. Councilmember Bayliss also stated that she is concerned that perhaps she did not understand this fully and that maybe a work session is needed. Mayor Henville-Shannon said if the fees were reduced to 10% the total would be $391.00. Councilmember Marks said he would amend Councilmember Gordon's motion to reduce the fee to 10% as previously suggested. Gary Day, city attorney said that would not be appropriate because the amendment is not germane to Councilmember Gordon's motion. He said if the motion fails, then that could be made as a second motion. Motion failed after vote as follows: Aye - Gordon, McCourry, $chrag No - Jue, Bayliss, Marks, Henville-$hannon 00?80O March 17, 2003 Motion to reduce the plan review fee to 10% of the building permit fee for multi-family only - Jue; second- Marks. Councilmember Gordon said he thinks it is important that the council take actions that are good for our city. He said we worked with this developer and reduced the fee once. Coun¢ilmember Gordon said it is not a good decision to reduce the plan review fee from 25% to 10%. Councilmember McCourry agreed, stating he is not trying to be anti-development, but the council needs to protect the city. Councilmember Jue said originally, he had agreed not to change the fees, but now he is trying to reach a compromise which would help the developers in these hard economic times. He said staff could always come back and ask for more if necessary. Councilmember Marks said this is a not a "particular developer" issue. He said we need to be competitive. He said the department is not over worked and that he believes the rates are too high. He apologized for approving these fees previously without fully understanding. Councilmember Gordon said the council made a good decision in August and then it got changed. He said he does not want to encourage more multi-family in The Colony, stating that is not his vision for this community. Vote on the motion was as follows: Aye -Jue, Bayliss, Marks No - Gordon, McCourry, $chrag Abstain - Henville-Shannon City Attorney, Gary Day was asked to rule on the outcome of the motion in light of the tie and the abstention. Mr. Day said the abstention goes to the motion or to the affirmative and the motion passes. With no further business to address, the meeting was adjourned. -- APPROVED: ' Bemetta Henville-Shah~on, Mayor ATTEST: 6 3.4 Receive report from Cultural Arts Board Chair and consideration of appropriate action as a result of that report (Hill) Lori Hill, chair of the Cultural Arts Board commended the council for their hard work in furthering the arts in the community. She shared the board's mission statement, goals and current issues with the council. (See Attachment "A") She asked the council to be open to other ideas for a possible location for the arts facility and she asked them to be prepared for growth. Ms Hill said the board would like to get current hotel/motel tax and budget information. She asked the council what the board's position is regarding media releases, etc. She said the board needs direction from council. Councilmember McCourry said the board should be able to place items on Channel 17 and should work with the PIO to get' information to the public. Mayor Henville-Shannon said that the issues brought out in this report should be discussed in a joint work session between the Council and the Cultural Arts Board. 3.5 Consideration of approval of correction to the record of the March 17, 2003 council meeting (Day) Mr. Day explained that council had taken action on item 3.5 on the March 17, 2003 agenda as follows: "Motion to reduce the plan review fee to 10% of the building permit fee for multi-family only - Jue; second - Marks. The vote on the motion was as follows: Aye - Jue, Bayliss, Marks; No - Gordon, McCourry, Schrag; Abstain - Henville-Shannon." Mr. Day said when he was asked to rule on the outcome he stated the motion had passed because the abstention would go with the motion (or the affirmative). The meeting was then adjourned. Mr. Day advised that upon further review of the matter, he determined the motion actually failed because the abstention did not go to the affirmative, it went to the negative, thus causing the motion to fail. In order to correct the record of the March 17, 2003 meeting, the following was read: The motion on item 3.5 on the March 17, 2003 agenda failed with the following vote: Aye - Jue, Bayliss, Marks; No - Gordon, McCourry, Schrag; Abstain - Henville-Shannon (This will be attached to the March 17, 2003 minutes as a cross reference to this action.) 3.6 Consideration of authorizing staff to proceed with drafting an ordinance that would allow alternate positions on advisory boards (Henville-Shannon) Motion to split the item and not address 4A and 4B until we receive legal advice from the city attorney, but to continue to discuss other boards - McCourry; second - $chrag. Mayor Henville-Shannon said she favors implementing an alternate policy, which would allow an alternate on a board to be automatically appointed to fill a vacancy on that board. She said the alternates would sit on the board would not have a vote. Mayor Henville-Shannon suggested that staff contact those persons the council has already interviewed to see if they are still interested and if so they could be appointed as alternates without advertising, interviewing, etc. She said this would streamline the process of filling vacancies (on boards). Councilmember McCourry re-stated his motion. Mr. Day, city attorney advised this item was only posted for advisory boards and since 4A and 4B are not truly advisory, it would not be necessary to make such a motion. Discussion continued. Councilmember Gordon said he is not in favor of appointing alternates because it would curtail new people from applying. Councilmember McCourry disagreed, stating that input from April 7, 2003 Minutes 4