HomeMy WebLinkAbout07/07/2003 City Council 007889
July 7, 2003
MINUTES OF REGULAR SESSION OF COUNCIL
HELD ON
JULY 7, 2003
The Regular sion of the City Council of the City of The Colony, Texas, was called to order at
7:00 p.m. on the 7* day of July 2003, at City Hall, 6800 Main Street, The Colony, Texas, with the
following roll call:
Allen Hams Councilmember Present
Scott Ward Councilmember Absent
Joe McCourry Councilmember Present
Lynda Bayliss Councilmember Present
Perry Schrag Councilmember Present
Joel Marks Councilmember Present
And with five present a quorum was established and the following items were addressed:
I 1.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: I
Call to Order
Invocation - Dale Cheatham
Pledge of Allegiance to the United States Flag
Salute to the Texas Flag
Recognition of Ruthann Devlin for 25 years of service to the City of The Colony
Patti Hicks, City Secretary presented Ms. Devlin with a monetary award and a
bouquet of flowers in recognition of her devoted service to the City of The Colony, which began
on June 28, 1978.
Citizen Input
Noel Tardy, 5924 Legend Lane, said Bernetta Henville-Shannon had been exonerated
and because of that the city should not be having a special election. She should be allowed to
serve in the office of mayor since she was elected to that position earlier.
Brian Floyd, 5553 Big River Drive, told the council that if a special election is to be held
the Senior Center is an inadequate polling place because there is not enough parking. He
suggested using city hall.
DeDe Halfmoon, 5557 Big River Drive, requested adding another polling place so
everyone has the opportunity to vote.
Nancy Floyd, 5553 Big River did not wish to speak but asked that her request for a new
voting place be recor[ted.
I2.0 /CONSENT AGENDA I
2.1 Consideration of approval of the minutes of the council meetings held June 16,
2003 (Hicks)
Motion to approve the minutes as written - Harris; second - Marks carried with all ayes.
2.2 Consideration of approval of a resolution authorizing an agreement with Denton
County for rental of voting machines and equipment (Hicks)
Councilmember Hams pulled this item and asked City Secretary Hicks to explain why
we one polling place had been recommended. Ms. Hicks said the recommendation had been
purely budgetary. She noted that $10,000 had been budgeted for elections in this budget year and
at the close of the last election cycle, $8400 had been spent. Ms. Hicks stated that an adjustment
had been made to accommodate this special election, but noted that adding more polling places
would greatly increase the cost to conduct the election.
Ms. Hicks further explained the use of the Eagle voting machine for early voting and the
fact that the machine would not be available in the event of a run-off due to time requirements for
public testing.
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Councilmembers asked Ms. Hicks to research the possibility of adding a polling place or
moving thc polling place to another location for this election.
Motion to approve the resolution as written - Harris; second- Marks carried with all ayes.
2.3 Consideration of approval of a resolution authorizing an Interlocal Cooperation
Agreement between the City of The Colony and the Lewisville Independent School
District providing for a "cost share" of the expenses to provide a School Resource
Officer at The Colony High School for the 2003-2004 school year (Clark)
Motion to approve the resolution as written - Harris; second- Marks carried with all ayes.
2.4 Consideration of acceptance and award of bids to Hencie International, Inc. in the
amount of $70,353.25 for the installation of overhead pedestrian signals, warning
signs, striped crosswalk, ramps, sidewalk and relocation of utilities on North Colony
Blvd. at the Aquatic Park and consideration of an ordinance authorizing contract
for same (Scruggs/Sparkman)
Motion to award the bid and approve the ordinance as written - Harris; second - Marks
carried with all ayes.
2.5 Consideration of approval of a resolution authorizing an Interlocal Cooperation
Agreement with Lewisville Independent School District to provide for the placement
of outdoor early warning sirens on LISD property within the City of The Colony
(Morrison)
Motion to approve the resolution as written - Harris; second- Marks carried with all ayes.
~ REGULAR AGENDA ITEMS
3.1 Public Hearing regarding an ordinance approving the updated land use
assumptions, capital improvements plan and modification of impact fees relative to
water and sewer facilities; and adopting a capital improvements plan and impact
fees for roadway facilities (Persaud)
Mr. Persaud gave the background on this item, stating the current impact fees ordinance
was adopted by the council in November 1997. Chapter 395 of the Local Government Code
requires the impact fee ordinance to be updated every five years. Mr. Persaud stated the plans
prepared by Hunter Associates will serve the city until 2011.
He said the city is divided into two service areas for water and sewer facilities and into
six service areas for roadway facilities. Mr. Persaud said both service areas for roadway impact
fees are located within the SH 121 corridor. He stated the fees assessed by the study are much
higher and noted the cumulative effect of all the impact fees may serve to deter or reduce the pace
of future development along SH 121. Mr. Persaud said staff is concerned about this issue and its
implications on smaller developments and is requesting additional time to further evaluate the
implications of levying roadway impact fees resulting from this study. He said in the meantime,
the ordinance presented incorporates the roadway impact fees currently in place for service areas
//4 and #6.
Mr. F.M. Carroll with Hunter Associates explained the study as presented and answered
questions of the council.
Mayor Pro-tem McCourry opened the public hearing. Melvina Sparks, 5649 Painter
asked where this money comes from. Mr. Tony Johnston explained the concept of impact fees.
Mike Lynch, 4921 Roberts asked why the numbers had changed from the 1997 study and asked
by drainage impact fees are not included.
This item will be discussed further at a work session in the near future.
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July 7, 2003
3.2 Consideration approval of an ordinance authorizing a contract for provision of solid
waste and recycling services with Waste Management as recommended by Solid
Waste Committee (Schrag/committee)
Councilmember Schrag said the committee was concerned with two key areas,
commercial waste and recycling. He said after reviewing ail proposals, the committee is
recommending awarding a contract to Waste Management (WM) for commercial waste disposal
and recycling.
Ken Leverich gave a summary of the process, stating that proposals were opened on May
27, 2003. The committee reviewed all proposals and chose WM for negotiations. The recycling
proposal includes using a 32 gallon cart instead of the tub currently being use. He noted that
citizens will be given land fill passes so they can take items to the land fill in Lewisville without
extra charge. Mr. Leverich said an agreement was reached and the committee recommends
awarding the contract with Waste Management which would run through June 1, 2007. The committee was commended by members of council for their hard work.
Robert Medigovich, 2010 California Crossing, representing CWD said his company had
served the city with recycling services since 1993 and they wanted to bid on solid waste. He said
they have been good corporate citizens and believe their proposal was better than that of Waste
Management. He said the cart program will not provide the best recycling program.
Greta Calvery, Trinity Waste, 4200 E. 14th St., Plano, gave a summary of what her
company can offer.
Christi Martin, 5604 Longhorn Drive, The Colony, said the WM proposal looks good
and encouraged the council to approve it.
Dick DeMenton, IESI, 1240 Coastal Drive noted that his company is the current solid
waste provider. He said his company's alternate bid may not have been given the proper
consideration. He further stated that using the 32 gallon bin for recycling will cause problems. He
said we need to start smaller and build the program.
John Klaiber, 1601 W. Railroad, Lewisville, Tx. representing WM said he was there to
answer questions if necessary.
Councilmember Marks asked about the recent problems WM had in Ft. Worth. Mike
Halworth, Dist. Mgr. with WM said WM had taken full responsibility because it is the right thing
to do. He noted that he believes the Ft. Worth council would give WM good marks on what has
been done in solving the problems. Councilmember Marks asked how participation could be
increased. Mr. Halworth said most credit will be given to staff for education. Mr. Klaiber said
other cities we serve will give good feed back on our educational efforts.
Mayor Pro-tern noted that the contract which will mn through June 2007 will coincide
with ][ESI and then the city will go out for bids to combine all services.
Nancy Wetzel, 3644 Cottonwood Springs, said she thought it might be hazardous to drop
glass into the cart.
Jim Wright, 5124 Runyon, said the land fill passes offered through the WM proposal are
a good idea. He asked if tires, batteries, paint, etc could be included. Mayor Pro-tem McCourry
said methods of disposing of those types of items are being researched.
Motion to award the contract for commercial solid waste and recycling to Waste Management
- Schrag; second- Harris carried with all members voting Aye except Marks who voted No.
3.3 Receive report regarding portable buildings for public schools, private schools and
churches in the City and provide direction to staffwith regard to that issue (Persaud)
Mr. Persaud reminded council that Ord. #00-1207 dated July 3m, 2000 required a
minimum of 75% masonry content on external walls for multi-family and non-residential
buildings. He said LISD has made requests for portable buildings since that time and all have
routed through P&Z and Council in accordance with the site plan approval process. That process
takes about six weeks. He said LISD is now requesting consideration of an expedited procedure
to deal with portable buildings. He said staff has found that most cities allow school districts to
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July 7, 2003
install portables as temporary buildings with specific development standards. Mr. Persaud said
churches sometimes request the use of portable buildings and that staff proposes to set up a
permitting procedure by ordinance which will allow both school districts and churches to us
portable buildings which meet specific development standards.
Mayor Pro-tern M¢Courry asked the city attorney if we allow now would we be able to
deny in the future. Mr. Hardaway, city attorney said the city could deny the request once the
initial 3-year permit is expired if the circumstances don't meet the established criteria.
Couneilmember Hams said it doesn't seem to be an issue currently so why do we need a
change. Mayor Pro-tem McCourry asked about the screening and Mr. Persaud said staff
recommends strong landscaping as a screen. Councilmember Schrag, agreeing with Mr. Harris
asked if LISD needs a shorter approval period.
Mr. Cheatham advised council that allowing staff to handle the requests (rather than P&Z
and Council) would expedite the process.
Motion to direct staff to streamline the process for approval of portable buildings as
recommended by staff and DRC for renewal by P&Z and Council of extensions - Marks;
second Bayliss carried with all members voting Aye except Harris who voted No.
3.4 Consideration of approval of an ordinance authorizing an agreement with
GroupBaronet in the amount of $23,500 for development of a Strategic Marketing
Plan, to be funded by the Hotel Occupancy Tax reserves (Nelson/Briggs)
Ms. Helene Parker, Chamber of Commerce president, stated this project is a result of a
dream of Vicki Briggs and Pam Nelson. She said they want to see The Colony become a travel
and tourism destination. Ms. Parker said a market analysis needed to be done to determine how to
best promote the city. She gave a background on the GroupBaronet Company and turned the
presentation over to their representatives.
Will Baronet gave an overview of the project his firm did for the Dallas Convention and
Visitors Bureau. He introduced Veronica Roth who would oversee the "brand discovery" process.
Ms. Roth gave an overview of how that process would evolve. Mr. Bamet then explained what
the study would deliver to The Colony.
Following the presentation the council asked a few questions.
Motion to approve the contract as presented- Marks; second - Bayliss carried with all ayes,
3.5 Receive report from staff regarding the Arts Building and Chamber Building and
provide direction to staff with regard to proceeding with this project (Nelson/Parker)
Pam Nelson gave an overview of this project. Ms. Helene Parker said that the Chamber
of Commerce can meet the financial needs to complete this project. She gave a brief history of the
Chamber. She said this project will be presented to the Chamber membership before the end of
July. She said some of the founders of the Chamber are concerned with finances, with gaining
approval from the membership and with staying independent from the City.
Barbara Harper, DATCU said finances are most important and she gave an overview of
the costs ($700,000) assets and revenues. She said money would come from the sale of the
existing chamber building, Hotel/Motel taxes and a loan in the amount of $425,000. She said the
Chamber plans to have a capital campaign to get donations.
Tate Kester with North American Title presented a proforma. Ms. Harper said Texins
Credit Union has given a letter of commitment for the loan.
Ms. Parker said the amount is large and the obstacle is huge, noting the board has had
many debates, but the board believes it can be done and they ask the council to approve the
project.
Councilmember Harris expressed concern that this issue had not already been taken to the
membership. Mr. Kester agreed, but said the Chamber needs to know the city's opinion before
they go to the members. Councilmember Schrag expressed concern about the chamber owning
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July 7, 2003
the building that would be sitting on city property. He asked what would happen if the Chambe~
defaulted on the loan. Ms. Harper said the lender would foreclose.
Mr. Art Phelps, with Phelps-Wood Architects presented 4 schemes. It was noted there
would be additional cost to the city of $135,000 to achieve this goal.
Councilmember Hams said his biggest concern is co-ownership and logistics. Ms.
Nelson said staffneeds council to give direction to move ahead with negotiations with the
Chamber and to authorize more money. Councilmember Schrag said he can see the benefits, bm
that he is just not sure it is appropriate.
Mike Lynch, 4921 Roberts reminded the council that the old library was constructed with
bond money and that they should be sure this can be done without going back to the voters. Mr.
Cheatham noted this is a brand new building, not the old library building.
Christi Martin, 5604 Longhorn said the council should be sure everything is in order
before moving ahead and that they should think about the future when making plans.
Councilmember Marks said this appears to be a good idea, but expressed concern about
the lease agreements. He said we need to be parmers, but he is just not sure how this would work.
Ms. Parker said the Chamber knows if the Arts building fails, the Chamber building fails,
but she said should it fly, the Chamber wants to participate. She said this would provide the only
convention and visitors bureau in our area and she reiterated that she believes this is feasible.
Mr. Cheatham said the council has already given direction to proceed with all 3
buildings. Councilmember Hams supports moving ahead but he wants to be sure all stumbling
blocks are considered. Mr. Cheatham noted that the funds would be tight, but that it is "doable"
Motion to continue with the project, using Scheme 4 as presented- Harris; second- Bayliss
carried with all members voting ~4ye except Marks who voted No.
3.6 Presentation and review of Beautification Study (Nelson)
Ms. Nelson referenced the Beautification Study which had been previously distributed to
council. She asked them to remove the last two pages, listing various options. Ms. Nelson asked
council to give staff their list of priorities for the long term plan, ranking the top 10. She said if
something had been left out to write it in.
3.7 Discuss process and establish time table for city attorney selection process (Council)
Mayor Pro-tem McCourry announced that the committee had met and chosen 3 firms to
be interviewed. He said following the interviews, the committee will make a recommendation to
the full council.
3.8 Consideration of authorizing the cancellation of the July 21, 2003 regular session of
council (Conncil)
Motion to deny the request to cancel the July 21, 2003 council meeting - Harris; second -
Bayllss carried with all ayes.
10:55 p.m. Recess
11:00 p.m. Convene in Executive Session
14.0 I EXECUTIVE SESSIO1N
4.1 Executive Session as authorized by Section 551.074 of the Government Code,
regarding Personnel, to-wit:
A. Annual Evaluation - City Manager
11:51 p.m. Convene in Open Session
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July 7, 2003
4.2 Consideration of a ny appropriate action to be taken as a result of the executive
session (Council)
Motion t o authorize a 4 % increase for t he city tn anager effective with t he next p ay
period - Marl{s; second - Harris carried with all ayes.
With no further business to address, the meeting was adjourned at 11:53 p.m.
APPROVED:
ATTEST/~ j ~cC°u~/May°r Pr°~
Patti A. Hicks, TRMC, City Secretary
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