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HomeMy WebLinkAbout10/07/2002 City Council Oct. 7, 2002 CITY OF THE COLONY DENTON COUNTY, TEXAS OCTOBER 7, 2002 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:07 p.m. on the 7t~ of October 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 Perry Schrag Councilmember Absent (Business) Joel Marks Councilmember Present And with six members 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 - Councilmember John Gordon Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input Mr. John Klieber with Waste Management introduced himself to council and said he hopes to have the opportunity to submit a proposal for consideration someday. Betty Horton, 5008 Shannon, said the seniors have out grown the Senior Center and that the proposed remodeling will only serve as a band aid. She said they need the bus (on the agenda later) to take the seniors on field trips. Ron Czarny, 4937 Wheeler, said the seniors need to be moved to the old library building. 12.0 I CONSENT AGENDA I 2.1 Consideration of approval of the minutes of the council meetings held September 9, 16, 17 and 23, 2002 (Hicks/Wilson) Motion to approve the minutes as written - Jue; second - Gordon carried with all ayes. 2.2 Consideration of appointment of John Dillard to serve on the Denton County Transportation Authority (Council) Motion to approve the appointment - Jue; second - Gordon carried with all ayes. 2.3 Consideration of approval of an ordinance amending Section 23 of Chapter 10, allowing routine donation of bicycles impounded by the Police Department, to local non-profit organizations (Clark) Motion to approve the ordinance as written - Jue; second - Gordon carried with all ayes. 2.4 Consideration of approval of a resolution authorizing the implementation of an electronic sealed bidding procedure; designating a selected provider and authorizing the execution of an Interlocal agreement with Innovation Group National Purchasing Alliance (Sparkman/Koo) Motion to approve the resolution as written - Jue; second- Gordon carried with all ayes. 2.5 Consideration of approval of a resolution adopting property tax exemption for The Colony Masonic Lodge #1451 (Koo) Oct. 7, 2002 Councilmember Marks asked for further explanation. Finance Director Koo said the Masonic Lodge has always been tax exempt, but the new legislation gave municipalities the ability to choose whether to grant the exemption. She said other cities are granting the exemption, which is for ad valorem taxes only. Councilmember McCourry asked if this was only for 5013c groups or a specific section of the tax code. Ms. Koo said she would research this and let him know. Motion to approve the resolution as written - Gordon; second - Jue carried with all ayes. 2.6 Consideration of acceptance and award of bid to Classic Chevrolet for the purchase of a 29-passenger bus for the Parks & Recreation Department in the amount of $58,677.95 and approval of an ordinance authorizing contract for same (Nelson) Councilmember McCourry asked for further explanation. Ms. Pam Nelson, P&R Director said the driver and the bus were approved in the budget. The driver is proposed to cost approximately $10,000 per year. She noted that insurance is an additional $1200.00 per year to the city's premium. Ms. Nelson said the request was generated last year by the senior citizens group because of their need for transportation. She did say the bus would be used for other activities, such as Day Camp, etc. Mayor Henville-Shannon read some prepared questions that Councilmember Schrag had submitted. Councilmember Marks asked if there is a geographic limit on the insurance policy. Ron Czarny said the charter buses the seniors currently have to use are old and in very bad shape. Sue Walden said she is in favor of buying the bus for the seniors' group. She went on to say that remodeling the senior center will not help, but that it will be like putting a band- aid on it. She said the senior citizens should be moved into the old library building. Councilmember McCourry said he has a concern with providing additional equipment and staff when the city is trying to conserve funds. He said the bus appears to be a luxury and he would rather spend $60,000 on street repairs. Councilmember Gordon stated the money was approved in the budget, we added money for street repairs (in the budget) and that he thinks the bus will a benefit to the whole city. Motion to approve the purchase as presented- Gordon; second- Bayliss carried with the following vote: Ayes - Gordon, Jue, Bayliss, Marks, Henville-Shannon No - McCourry 2.7 Consideration of approval of an ordinance amending the Code of Ordinances by amending Chapter 12, adding a new Article IX relating to Cross Connection Control and prevention (Persaud) Motion to approve the ordinance as written - Jue; second- Gordon carried with all ayes. 2.8 Consideration of approval of an ordinance amending the Code of Ordinances by amending Chapter 19 by amending Section 19-10(b) lowering the posted speed limits on Paige Road (Clark) Oct. 7, 2002 Motion to approve the ordinance as written - Jue; second - Gordon carried with all ayes. 2.9 Consideration of approval of an ordinance amending the Code of Ordinances by amending Chapter 2 Administration, Article II Boards and Comnfissions by adding Division 2 Cultural Arts Board (McCourry/Council) Councilmember Marks stated that at the recent work session he expressed opposition to creating this board by ordinance, going on to say that there are other groups with boards in the city that we provide facilities for, i.e. little league organizations. He asked for a better explanation why it would be better to take this action by ordinance. Mr. Cheatham said it can be done without the ordinance, but based on council input at the work session, staff thought this is what the council wanted. Councilmember McCourry stated passing the ordinance will show the city's support for the arts and will give that group the credibility they need in seeking grants, etc. Councilmember Marks asked the city attorney if the city could be responsible for debts incurred by the board. Mr. Hikel, advised the board cannot incur debt and that is so stated in the ordinance. Councilmember Jue stated this board will act only as an advisory board and will not have authority to commit city funds. Councilmember Gordon agreed and asked about section 2.18 of the ordinance, stating that he thought that was stricken from the ordinance during the work session. After brief discussion, council agreed to add the words normal and customary to that section. Motion to approve the ordinance with the addition of the words "normal and customary" to section 2.18 - Gordon; second McCourry carried with all ayes. ~ REGULAR AGENDA ITEMS l 3.1 Public hearing on application of Herrera's Mexican Restaurant, requesting approval of a Specific Use Permit to allow for the sale of beer, wine and liquor for on-premise consumption in a restaurant located in the General Retail "GR" zoning district classification, situated at 5313 S. Colony Blvd. The Colony, Texas, and consideration of approval of an ordinance granting the Specific Use Permit (Persaud) Mayor Henville-Shannon opened the public hearing. Mr. Persaud gave a brief history of this item. There being no input from the public or the council, Mayor Henville-Shannon closed the public hearing. Motion to approve the ordinance as written - Jue; second McCourry carried with all ayes. 3.2 Public hearing on application of QuikTrip, requesting a zoning classification change from Office-1 "O-1" to Shopping Center "SC" zoning classification, to allow for a QuikTrip gas station and convenience store to be located west of Main Street and south of Trinity Medical Center in The Colony, Texas (Persaud) This is item was withdrawn by the applicant. 3.3 Consideration of approval of amendment to the schedule of fees for Inspection and Permits for multi-family construction (Persaud) Mr. Persaud gave the background on this item, reminding council that they had approved a schedule of fees in August of this year. He said the Billingsley Co. had requested that the city revisit this issue and consider decreasing the fees for multi-family permits. Following that request Councilmembers McCourry and Marks requested this agenda item. Councilmembers expressed various opinions on this matter, wanting to be competitive and still keep the fees adequate to cover the actual cost of the inspections. Councilmember Gordon said it is unfortunate that the zoning is in place which will allow so much multi-family, Oct. 7, 2002 however, he said we should be fair to both the city and the developer and suggested lowering the fee from $500.00 to $400.00 with a review in 2 years. Mr. Lucillo Pefia, 4041 Travis Street, Dallas representing the Billingsley Co. thanked the council for re-considering this matter. He said when the city's fees were at $311.00 they were 25% higher than the average and that the $500.00 fees are 25% higher than the highest fees. Lucy Billingsley, 6701 Turtle Creek, Dallas, said they hope to have some acreage with corporate development, not multi-family. She said they hope that Austin Ranch is delivering a quality Multi-family that the city can be proud of. Councilmember Gordon said he does want to be fair and still suggested $400.00 Councilmember Gordon moved to reduce the multi-family inspection fee from $500.00 to $400. O0 to be reviewed every 2 years. Motion died for lack of a second. Motion to reduce the multi-family fee to $311. O0 - Bayliss; second McCourry. Councilmember McCourry recommended amending the motion to include review every 2 years. Councilmember Bayliss amended her motion to reflect review every 2 years; Councilmember McCourry seconded the motion, which failed with a tie vote as follows: Aye- McCourry, Bayliss, Henville-Shannon No- Jue, Marks, Gordon This item will automatically be brought back up on November 4, 2002. Mr. Hikel, city attorney advised that another motion could be considered tonight. Motion to drop the multi-family fees to $356.00 with a review every 2years - Marks; second - Gordon carried with Councilmember Jue voting no. 14.0 I EXECUTIVE SESSION 8:55 p.m. convene in Executive Session 4.1 EXECUTIVE SESSION as authorized by Section 551.074 and 551.071 of the Government Code regarding personnel, to-wit: A. Annual review of City Secretary (551.074) Not addressed at this meeting B. Contemplated litigation regarding Windhaven Parkway repairs (551.071) 9:38 p.m. Convene in open session 4.2 Consideration of any appropriate action to be taken as a result of the executive session. Motion to authorize the city manager and the assistant city manager to negotiate a resolution to the problems concerning Windhaven Pkwy. and in the event this negotiation fails, city attorney is authorized to pursue legal action; and to authorize staff to begin actions to repair Windhaven Pkwy. - McCourry; second Marks carried with all ayes. With no further business to address the meeting was adjourned at 9:40 p.m. ROVED: - ~'--~~ -AT'ET: d- ~~'L'lg~aelt'a~Henville-ShafihOh'MayOr Patti A. Hicks, TRMC, City Secretary