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HomeMy WebLinkAbout09/15/2003 City Council September 15, 2003 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 15, 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 15th day of September 2003, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen Harris Councilmember Present Scott Ward Councilmember Present Joe McCourry Mayor Pro-tem Present Lynda Bayliss Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Absent 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 - Dale Cheatham, City Manager Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input Resolution Recognizing Park & Recreation Employees - Mayor Dillard read the following resolution: RESOLUTION RECOGNIZING PARKS & RECREATION EMPLOYEES WHEREAS, The City of The Colony has been selected as the Sports Illustrated 50th Anniversary Sportstown for the state of Texas by Sports Illustrated and the National Recreation and Park Association; and WHEREAS, Sports Illustrated, in celebration of their 50th Anniversary, is selecting one city in each state as the Sportstown for that state and has selected The Colony as their Sportstown for Texas; and WHEREAS, the Sports Illustrated Sportstown program recognizes that the City of The Colony Parks & Recreation Department is committed to finding creative and resourceful ways to enhance sports for the well being of this community; and WHEREAS, the Parks & Recreation Department employees have been instrumental in helping The Colony attain this recognition by facilitating and enhancing quality sports programs for all ages at all levels of play. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: *These items are strictly public service announcements. No action will be taken and no direction will be give 1 regarding these items. September 15, 2003 Section 1. The City Council hereby recognizes Director Pam Nelson, David Swain, Jackie Lopez, and other Parks & Recreation employees whose efforts resulted in this special recognition by Sports Illustrated and the National Recreation and Park Association. Section 2. That the City Council is pleased with the efforts made by the Parks & Recreation Department and supports its continued efforts to make this community a more pleasurable place to live. PASSED and APPROVED this 15th day of September, 2003. /s/John Dillard, Mayor ATTEST: /s/Patti A. Hicks, TRMC, City Secretary Pam Nelson, David Swain and Jackie Lopez accepted the resolution. Ms. Nelson stated that the creative genius of David Swain put the presentation for Sports Illustrated together and that Jackie Lopez did much of the research and gathering of information. Announcement of upcomin$ civic events and activities * None 12.0 I CONSENT AGENDA I 2.1 Consideration of approval of a resolution allowing the city manager or his designee to execute an electric supply agreement pursuant to the contract to be signed by Cities Aggregation Power Project, Inc. (CAPP) for deliveries of electricity effective January 1, 2004 (Sparkman) Motion to approve as presented- Schrag; second- McCourry carried with all ayes. -- 2.2 Consideration of approval of a request by The Colony Lions Club to use the Five Star Complex for a circus October 23-25, 2003 (Nelson) Councilmember Harris asked staff to explain the location of the circus and the type of circus it would be for the citizens. Ms. Nelson stated the circus will be located in the grassy area south of the south parking lot at Five Star. She said it will not be on any developed areas. Dr. Wilbom with the Lions Club said there would be no performing animals. The only animals will be with a pony fide. Dr. Wilbom stated the circus had received good references from those cities where they had been this year. Motion to approve as presented - Harris; second- Ward carried with all ayes. 2.3 Consideration of an ordinance authorizing an agreement regarding the Ground Lease for refinancing the Tribute Golf Course (Nelson) Motion to approve as presented - $chrag; second - McCourry carried with all ayes. 2.4 Consideration of approval of council expenditures (Council) Motion to approve as presented- Schrag; second- McCourry carried with all ayes. __ *These items are strictly public service announcements. No action will be taken and no direction will be give 2 regarding these items. September 15, 2003 13.0 I REGULAR AGENDA ITEMS 3.1 Public Hearing regarding an ordinance establishing a Storm Water Utility System and consideration of approval of the ordinance (Scruggs) Mr. Gordon Scruggs, city engineer stated this program which is in response to a federal mandate to clean up polluted storm water throughout the city, will provide a dedicated funding source for that program. He said the purpose of the program is to improve water quality in streams and lakes by controlling the runoff of pollutants from construction sites and developed property. Mr. Scruggs further stated the city will be receiving a permit from the Texas Commission on Environmental Quality (TCEQ) and as a part of that permit; the city will be required to commit to a schedule to implement the management program over the next five years. The program must include public participation, public education, illicit discharge detection and elimination, control of hmo fl from construction sites, post- construction runoff control and the use of "good housekeeping" measures at city facilities. Implementing the program will impact the workloads in the Engineering, Parks, Planning and Public Works departments. Mr. Scruggs said one of the first steps will be to conduct a cost of services analysis and determine the most efficient way to implement and manage the program. Mayor Dillard opened the public hearing. Joyce Fulco, 4712 Clover Valley asked when this has to be complete. Mr. Scruggs advised it will be implemented in 4-5 months. Councilmember Schrag said he is not in favor of this, but that he realizes it is another unfunded mandate so we have no choice. He stated this is just new funding mechanism, noting that the old ones never go away. Mayor Dillard closed the public hearing. Motion to approve the ordinance as presented- Bayliss; second- McCourry carried with all ayes. 3.2 Public Hearing regarding an ordinance establishing fees for the Storm Water Utility System (Scruggs) Mr. Scruggs advised that at council direction on August 4, staff had prepared an ordinance establishing storm water utility fees. The ordinance sets fees for residential and commercial units. Councilmember Harris asked why a fee of only $5.00 was recommended for commercial, stating he thought it would be better to set the fee higher now instead of increasing it drastically in the future. Mr. Scruggs said the fees will be looked at again next year after we have a better idea of the cost of services. There was a lengthy discussion regarding the purchase ora street sweeper to aid in eliminating the waste material that is currently put into the storm drains. During discussion, council asked staff to bring back the cost for rental of the sweeper, cost to dump the material to be collected, on-going cost if the sweeper is purchased and a schedule for sweeping the streets. Mayor Dillard said he needed more information before voting on this ordinance. *These items are strictly public service announcements. No action will be taken and no direction will be give 3 regarding these items. September 15, 2003 Councilmember Schrag suggested putting a limit on what persons 65 or older (and perhaps young homeowners) would have to pay. He said we need to look for ways to off- set the cost of the sweeper so people don't have to pay as much (for this program). Council reviewed with Mr. Scmggs the Revenue Documentation Forms presented. Mayor Dillard suggested the council send their ideas to the city manager. Mayor Dillard opened the public heating. Duane Sanders, 6112 Jennings Drive asked if the fee will be on the water bill and if it would be a large commercial sweeper, noting that he thought it would be better to purchase two sweepers. Mike Lynch, 4921 Roberts said to look at the extended warranty and asked if the city would use an existing employee or hire a new one to operate the sweeper. He said not to forget about professional landscapers in the fee schedule. Mr. Scruggs advised the city would hire a new employee for this program. Motion to continue the public hearing and to table action on this item until October 20, 2003 - McCourry; second - Schrag carried with all ayes. 3.3 Consideration of approval of an ordinance authorizing the city manager to enter into an agreement with Denton County Electric Cooperative, Inc. d/b/a CoServ Electric, and Industrial Properties Corporation providing for the removal of existing electrical facilities located on Kenepac Road between Standridge Drive and State Highway 121 (Persaud) Mr. Persaud advised that CoServ and Industrial Properties Corp. will provide for the removal of existing electrical facilities located on Kenepac Rd. to expedite the construction of Memorial Drive from Wal-Mart to Standridge Drive. CoServ has proposed to put the cable underground. The developer has requested that the city share in the cost to remove these facilities and that an Interlocal agreement has been drafted for the purpose. Councilmember Harris asked about the poles and wires that are coming to the site from the northwest. CoServ said those are no longer in use and would be removed anyway. Councilmember Harris asked that language be added to the agreement to ensure those facilities are removed also. Motion to approve the agreement with the addition of the poles and wires coming in from the northwest - McCourry; second - Harris carried with all ayes. 4.0[~_~_~OSED/E~CUTIVE SESSION ITEMS ] 7:54 p.m. A. The City Council shall convene into Executive Session, as permitted by Section 551.0710) (A) to consult with the City Attorney potential litigation between the City of The Colony and ltayes, Coffey & Berry. 8:17 p.m. reconvene in open session B. RECONVENE AND TAKE APPROPRIATE ACTION ON CLOSED/EXECUTIVE SESSION MATTER(S). No action taken *These items are strictly public service announcements. No action will be taken and no direction will be give 4 regarding these items. September 15, 2003 ADJOURNMENT With no further business to address the meeting was adjourned at 8:18 p.m. APPROVED: Jo~n Dillard, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary *These items are strictly public service announcements. No action will be taken and no direction will be give 5 regarding these items.