Loading...
HomeMy WebLinkAbout07/21/2003 City Council 007845 July 21, 2003 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JULY 21, 2003 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 21St day of July 2003, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Allen Harris Councilmember Present Scott Ward Councilmember Present Joe McCourry Councilmember Present Lynda Bayliss Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with six present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Councilmember Perry Schrag Pledge of Allegiance to the United States Flag Salute to the Texas Flag Mayoral Proclamation honoring the veterans of the Korean l~Var - Mr. Bill Longo accepted the proclamation and presented the city with a 50-year commemorative flag of the Korean War. Presentation of Plaques of Appreciation to former Councilmembers Gordon and Jue Mayor Pro-tern McCourry presented plaques to Mr. Gordon and Mr. Jue. Mr. Gordon thanked the council for the plaque, stating that he is honored to have served the city on the council for four years. He said he is a 27 year resident and hopes the progress in the city continues. He said this is a great community and he will continue to support the council and staff. Mr. Jue said he had enjoyed his time on council and wished the city staff and council good luck in carrying out the many tasks before them. Citizen Input Steve Parsons, 4537 Shadowridge said the legal action taken recently by the city was done without council action. He said this election must go forward and that he does not think filing the suit was goodj udgment. He said the council should withdra~v the legal action and get on with doing the city's business. Melvina Sparks, 5649 Painter said she would like a written response to Mr. Parson's questions. She asked why we were not using the voting machine during early voting, noting just because a candidate withdrew, there was no reason to go back to paper ballots. She said she cannot vote early in this election because she does not trust the way the votes have been handles in the past. She asked for a written response to these questions as well. 00'784B July 21, 2003 Mike Lynch, 4921 Roberts asked if the P&R ID card could be used on the new skateboard park. 12.0 I CONSENT AGENDA I 2.1 Consideration of approval of the minutes of the council meetings held July 7, 2003 (Hicks) Motion to approve the minutes as written - Schrag; second - Bayliss carried with all ayes. 2.2 Consideration of approval of an ordinance authorizing an engineering services contract in the amount of $43,700 with Halff Associates, Inc. for the design of utility relocations for the SH 121 expansion (Scruggs) Councilmember Marks pulled this item for a brief explanation. Mr. Scruggs gave the background on the project. Motion to approve as presented - Marks; second - Schrag carried with all ayes. 2.3 Consideration of approval of council expenditures for the month of June (Council) Motion to approve as presented - Schrag; second - Bayliss carried with all ayes. 2.4 Consideration and approval of an ordinance to deny the TXU Gas rate Increase (Sparkman) Motion to approve the ordinance as written - Schrag; second - Bayliss carried with all ayes. 3.0~REGULAR AGENDA ITEMS ] 3.1 Public Hearing regarding amendment to the drought contingency ordinance and consideration of approval of the ordinance as presented (Johnston) Mr. Johnston explained that the city adopted a drought contingency plan in April of 1999. He said some items were missing from the plan and should be added at the request of the Texas Commission on Environmental Quality. Amendments to the ordinance to include the following items have been made: 1. a variance clause for exceptions to the rules 2. a public hearing for the citizens to provide input 3. Region C input as well as providing copies of the plan to Region C Mr. Johnston further explained this meeting satisfies the public hearing requirement. -- He then went over the trigger conditions outlined in the ordinance. He noted that on page 2, the word emergency should be changed to warning. 007847 July 21, 2003 Councilmember Marks asked if watering foundations is addressed in this plan and Mr. Johnston said it is allowed by soaker hose for not more than 3 hours. Councilmember Schrag clarified the ordinance is the same as the 1999 ordinance except for the 3 items named above. Mayor Pro-tern McCourry opened the public hearing. Mike Lynch, 4921 Roberts said that apartments and commercial property should be included in the requirements. Councilmember Harris noted that they are included. With no further input, Mayor Pro- tem McCourry closed the public hearing. Motion to approve with change - Harris; second - Marks carried with all ayes. 3.2 Consideration of approval of a site plan for the O'Reilly Auto Parts Store to be located on Lot 2BR Block 1, Westport Centre Addition (North of Braum's on the west side of Main Street) (Persaud) Mr. Persaud gave the background on this item. Motion to approve with stipulations - Schrag; second - Harris carried with all ayes. 3.3 Consider and act upon recommendation from the City Attorney Review Committee (McCourry) Mayor Pro-tem McCourry advised that seven firms had submitted proposals. He said all firms were outstanding in their commitment to municipal law. Three firms were interviewed and the committee has recommended awarding the contract for legal services to Nichols, Jackson, Dillard, Hager and Smith. Mayor pro-tem McCourry said Robert Hager would be the assigned city attorney with assistance from Pete Smith. He said both men have over 20 years of municipal government experience. Motion to approve the appointment and contract as presented - Schrag; second- Ward Melvina Sparks, 5649 Painter asked if the names of all the firms can be released now and what relationship this firm has to Hayes, Coffey and Berry. Mr. Cheatham said there is no known relationship between the two firms. Mr. Hager agreed with that. Mayor Pro-tem McCourry asked that the motion be amended so that the contract can be effective immediately, which would give 10 days for the two firms to exchange information. Mayor Pro-tem McCourry went on to make the motion to that effect, which was seconded by Councilmember Bayliss. Councilmember Marks said that even though Roberts Rules of Order states that it may be appropriate for the chair to make and second motions, it goes on to say that this should be done when it has been the procedure. He said it has not been the established procedure for this council for the chair to make and second motions. 00'784 July 2 l, 2003 Councilmember Marks said he understands the need for a smooth transition. Gary Day with Hayes, Coffey and Berry recommended overlapping services so the city can take advantage of reduced attorney fees during that period. Councilmember Harris asked Mayor Pro-tem McCourry to withdraw his motion and asked Councilmember Schrag to amend his motion. Mayor Pro-tem McCourry and Councilmember Bayliss withdrew the motion. Motion amended to include a start date of July 21, 2003for the new firtn - Schrag; second - Ward carried with all ayes. 3.4 Discussion and consideration of approval of an expenditure of $60,000 to cover the cost of relocating existing electrical facilities underground between Standridge and the Wal-Mart store (Ward) This item was not addressed at staff request. 7:50 p.m. Recess 8:10 p.m. Reconvene 3.5 Work Session to discuss updated land use assumptions, capital improvements plan and modification of impact fees relative to water sewer and roadway facilities (Persaud) Mayor Pro-tem re-opened the public hearing on this item, which had been continued from July 7, 2003. Mr. Persaud discussed "Impact Fees 101" giving a very detailed and simple explanation of what impact fees are and what they can be used for. Mr. F.M. Carroll with Hunter Associates explained the CIP, proposed land use assumption and proposed fees. Mr. Gordon Scruggs, city engineer, explained the proposed projects to be covered by impact fees. Mr. Persand said the city must be in compliance with state law and asked the council to continue the public hearing to the August 4, 2003 council meeting and to adopt the ordinance at that same meeting. He said the ordinance actually amends the land use assumption and CIP and re-affirms the roadway impact fees already set. Mr. Persaud said the council will have to decide if the city will charge 50% or less, remembering that the city will have to make up the difference in costs. Following discussion by council, Mayor Pro-tern continued the public hearing until August 4, 2003. With no further business to address the meeting was adjourned at 9:45 p.m. ATTEST' //J~ McC~I'fY' May°r Pf~ 4