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HomeMy WebLinkAbout11/03/2003 City Council November 3, 2003 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON NOVEMBER 3, 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 3rd day of November 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 Present And with seven present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation- Council Member Harris Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Sandy Sparks addressed the council by voicing her concerns over the city building an Arts building. The Mayor read a statement by Tim Trong who was not present but wanted his opinion to be known that he was not in favor of an Arts only building, but one that would be open to other groups. Employee recognition- Charles Vance and George Figeroa 25 years(Johnston)- Both employees were present to accept this recognition. Mayoral Proclamation - National Adoption Awareness- Accepted by Lea Cassidy who spoke briefly about her organization, TXCARE, and the adoption program. Presentation of a mayoral appreciation plaque to Bernetta Henville-Shannon- Mayor Dillard presented the plaque to Ms. Henville-Shannon who spoke briefly and thanked the council and citizens for this recognition. Announcement of upcoming civic events and activities *- Mayor Dillard armounced the Veterans Memorial dedication which will be held on November 8th at 10:30 a.m. at the Five Star complex. 12.0 I CONSENT AGENDA I 2.1 Consider approval of the minutes of the council meetings held October 6, 11, & 20, 2003 (Hicks/Wilson) Motion to approve as written- McCourry; second by Marks; motion carried with all ayes. *These items are strictly public service announcements. No action will be taken and no direction will be give 1 regarding these items. 0 :_, November 3, 2003 2.2 Consider approval of a resolution adopting revisions to the city's Financial Management and Debt Management policies (Koo) Motion to approve as written- McCourry; second by Marks; motion carried with all ayes. 2.3 Consider approval of a resolution amending the investment policy to include commercial paper as an authorized investment (Koo) Motion to approve as written- McCourry; second by Marks; motion carried with all ayes. 2.4 Consider acceptance of resignation of Michael Fogarty from the Telecommunications Board; appoint Wallace Gehrke to Place 6 and appoint Michael Fogarty as an alternate; tabled from October 6, 2003 (Harris) Motion to approve- McCourry; second by Marks; motion carried with all ayes. 2.5 Consider approval of a resolution authorizing the city manager to execute an Interlocal Agreement for Library Services with Denton County for 2003- 2004 (Sveinsson) Motion to approve- McCourry; second by Marks; motion carried with all ayes. 2.6 Consider approval of council expenditures for the month of September 2003 -- (Council) Motion to approve- McCourry; second by Marks; motion carried with all ayes. 2.7 Consider the appointment of Al Garcia to the Denton County Transportation Authority (Dillard/Council) This item pulled by Council Member McCourry for discussion. He asked the Mayor if Mr. Garcia intended to resign his position on the 4A board, due to the council not wanting one person to serve on more than one board. The Mayor explained that the Denton County Transportation Authority was not a board, and that initially there was only one person to volunteer, which was Mr. Garcia, and that later another person contacted him about the position. Council Member Marks stated he does not think this situation applies (serving on two boards) as far as DTCA being an advisory board. Council Member Harris asked if this position was advertised, and that he did not agree with one person serving on two boards. The Mayor stated that not all positions need to be advertised. He also said that this board meets in the afternoons and not many people would be able to do that. He said that The Colony needs to be represented on this board. Motion to disallow the appointment of A1 Garcia to the Denton County -- Transportation Authority board- McCourry; second by Harris *These items are strictly public service announcements. No action will be taken and no direction will be give 2 regarding these items. November 3, 2003 The mayor clarified to the council that a yes vote on this motion means to disallow Mr. Garcia's appointment. The motion passed with the following vote: Dillard, Marks, & Schrag- No Harris, Ward, McCourry, & Bayliss- Yes 2.8 Consider approval of a proposal to add two code enforcement positions in lieu of filling the open building official position (Persaud) This item pulled by Council Member Marks for discussion. He asked Harry Persaud about the minimal pay differential between the two positions, and noted that he would want the chief officer to be compensated appropriately for the added responsibilities. Mr. Persaud explained that the figures represent nine months, not a whole year, which would be about $39,000. Motion to approve as presented- Marks; second by McCourry; motion carried with ail ayes. 2.9 Consider approval of an ordinance amending Chapter 18, adding subsection 18-27, authorizing the city manager to grant and execute license, landscape, maintenance, encroachment and other similar agreements (Persaud) Motion to approve as written- McCourry; second by Marks; motion carried with ail ayes. I 3.0 I REGULAR AGENDA ITEMS 3.1 Discussion and any appropriate action regarding beautification projects and related cost estimates (Nelson) Parks Director Pam Nelson briefly reviewed the packet material containing options for the expenditure of $540,000 remaining in the beautification fund. She explained the basis of the estimates and took questions from the council on specific items such as signage, banners, locations, and irrigation. Mr. Marks asked about paving the gravel parking lot at the North Colony Little League field and Ms. Nelson that could be done if that was Council's desire to do. Mr. Marks also asked how the maintenance of the new landscaping would be done, and whose area of responsibility it falls under. Dale Cheatham, city manager, advised that operating costs will be increased and will need to be evaluated on whether to contract out the maintenance or do it with city personnel. Ken Leverich addressed the council regarding the proposed street sweeper. He provided a handout showing a 10-year projection of costs for purchasing as well as contracting out the service. Both estimates are based on 2,000 hours of sweeping per year. He also added there is a two year warranty on the sweeper and an extended warranty is already included in the purchase amount. Mr. Marks asked if clean streets add to the life of the streets and Mr. Lever/ch advised that is true. Mr. Lever/ch also explained the process for disposal of the collected material. *These items are strictly public service announcements. No action will be taken and no direction will be give 3 regarding these items. November 3, 2003 Mr. Cheatham advised council that the beautification/bond funds can only be used for the acquisition of the sweeper and not for maintenance or operating costs. After lengthy discussion among council members regarding their preferences on the options presented, the following motion was made: Motion to approve item #1, increasing the amount up to $20k on signage, #2, #3 to include the better fencing, #4, #7, and alternate #1 purchasing the street sweeper- Harris; second- McCourry Pam Nelson advised she could have a design plan contract for landscaping at the next council meeting. Further discussion regarding the type of signage followed and Mr. McCourry suggested Ms. Nelson be allowed to decide, depending on what's more appropriate in a given location. Robert Hager, city attorney, advised council this could be accepted as a "friendly amendment" and the council agreed. Mayor Dillard asked Mr. Cheatham to come up with a plan for maintaining the improved areas. Ms. Nelson advised the new landscaping may be able to be included in existing contracts and she will check on that. Mr. Cheatham told the council that items under $25,000 do not normally come to council for approval and asked if that's how council wants staff to move forward with these beautifications projects. The consensus was to proceed as usual. Motion carried with all ayes. 3.2 Continuation of a public hearing, and consideration of appropriate action regarding an ordinance establishing storm water utility fees (Scruggs) City Engineer Gordon Scruggs asked council to close the public heating (opened at a previous meeting) on this item and not take any action on the storm water utility fee ordinance at this time. He explained the need for a Cost of Service study to be done first. Mr. Scruggs will bring a proposal for the study to the next council meeting, and proposes the study be funded from the general fund with the expectation that it would be reimbursed with the storm water utility fees in the future. The Mayor re-opened the public hearing at 8:30 p.m. and with no further input closed the public heating at 8:30 p.m. Motion to approve- Harris; second by Schrag. Motion carried with all ayes. 3.3 Discussion regarding proposed amendment of the Code of Ordinances regarding plan review fees for multi-family construction (Persaud) Planning Director Harry Persaud asked for council direction on whether or not to consider a revision of the plan review fee ordinance. He said staff recommends -- reducing the amount to $225.00 per building. *These items are strictly public service announcements. No action will be taken and no direction will be give 4 regarding these items. November 3, 2003 Motion to consider amending the plan review ordinance- McCourry; second by Bayliss. Council Member Marks asked if Mr. Lucillo Pena with the Billingsley Company could address the council. Mr. Pena stated the fees have been paid under protest and asked council to consider a refund of those fees. The city attorney advised council would have to address this as a separate agenda item. Mr. Persaud told council that staff does not recommend making this change in the fees retroactive. Motion carried with all ayes. Mr. Persand will prepare an amending ordinance and bring back to council on November 17, 2003. 3.4 Public hearing and consider approval of an ordinance amending the Comprehensive Zoning Ordinance, Section 10-300, regarding temporary buildings (Persaud) Harry Persaud addressed the council and explained that the requirement of 75% masonry on non-residential buildings includes temporary buildings and has posed a problem for the school district. The 6-week process for LISD to get approval through P&Z and council to install portable buildings on school grounds has prompted the school district to ask for an expedited procedure to deal with portables. Mr. Persaud explained the proposed ordinance provides the standards to allow approval by staff of temporary buildings. Mark Ross, director of construction for LISD, stated that portable buildings are still a necessity to accommodate the growing population of students at certain schools, and he wants to streamline the process for temporary buildings. Council Member Harris stated he doesn't support this measure because he believes the school district should redraw their boundaries. Mayor Dillard opened the public heating at 8:40 p.m. Council Member McCourry asked if the buildings are to be screened, stating that the buildings at Morningside Elementary are not. Mr. Ross said he would check into that issue. Council Member Marks added that this not only affects LISD but churches as well. Public hearing closed at 8:45 p.m. Motion to approve as presented- Schrag; second- McCourry; motion carried with Dillard and Harris voting no, and Ward, McCourry, Bayliss, $chrag, and Marks voting yes. 3.5 Public hearing and consider of approval of an ordinance amending Apendix "A", Zoning, Section 17A, regarding landscaping at intersections (Persaud) Mayor Dillard opened public hearing at 8:45 p.m. *These items are strictly public service announcements. No action will be taken and no direction will be give 5 regarding these items. ~ovember 3, 2003 Harry Persaud explained the necessity of this amendment to the landscaping ordinance. He stated this amendment prohibits shrubbery more than 2 feet high that obstructs the view of motorists at intersections. Mayor Dillard closed the public heating at 8:47 p.m. Motion to approve as presented- Harris; second by Bayliss; motion carried with all ayes. 3.6 Public hearing and consider of approval of an ordinance amending the Comprehensive Zoning Ordinance, Appendix A, granting a Specific Use Permit for an Oncor substation at Austin Ranch (Persaud) Mayor Dillard opened the public heating at 8:47 p.m. Harry Persaud told council that Oncor is requesting a Specific Use Permit to allow for a substation to be built in Austin Ranch and staff recommends approval. Dallas Cothrnm with Oncor explained the need for the substation and also asked for approval of an alternate landscape plan. He stated the substation will not be visible from the street due to natural growth and asked to hold off on required buffer landscaping until such a time as other development comes within 200 feet. Paul Nagler with Billingsley Development spoke asking for the landscaping to be established now. Mr. Persaud explained to council that the city's ordinance does allow for an altemate landscape plan. Mr. Hager clarified this action would only defer the landscaping, and added that a specific time frame needs to be applied. Public heating closed at 9:10 p.m. Motion to appove the SUP without the Alternate Landscape Plan and that landscaping be done now- McCourry; second by Harris; motion carried with the following vote: Dillard and Ward- No McCourry, Harris, Bayliss, $chrag, and Marks- Yes 3.7 Discussion and consider possible action concerning the Telecommunications Board and related services (Cheatham/Council) Lengthy discussion among c~)uncil members regarding the Telecommunications Board and the options presented by Date Cheatham resulted in questions about whether the city should video and air high school football games, what the function and make up of the board should be, and who is responsible. Clark Switzer, member of the board, spoke to the council asking for issues with the Telecommunications Board be settled. He said that he and others just want to volunteer for the city. Robert Hager (city attorney) advised council that if the council wants to keep the board and the volunteers, the ordinance as it is written allows for that. He stated the Board could be given the task of establishing policies and bring those back to council for approval. *These items are strictly public service announcements. No action will be taken and no direction will be give 6 regarding these items. November 3, 2003 Motion by Council Member Harris- "Modify the Telecommunications Board to be truly advisory in nature and remove all budget from that board, and task the Telecommunications Board to come back to the council within the next two meetings with a policies and procedures on how to handle the establishment of volunteers and broadcasting of special events. "Mayor Dillard clarified that would be the 1st meeting in December. Second- Council Member Marks Mr. Harris posed a question to Clark Switzer on whether they (the board) would have ample time to be able to come back with a recommendation to council on how to manage and monitor volunteers and create a policy based upon the wording in the Charter by the lSt meeting in December. Clark Switzer stated the Telecommunications Board has two meetings this month and stated they should be able to. Mayor Dillard stated they could ask for more time if necessary and called for the vote. Dillard- No; Harris, Ward, McCourry, Bayliss, Schrag, Marks- Yes; motion carried. 3.8 Appointment of an Arts/Civic Building Committee (Dillard) Mayor Dillard advised he would like to appoint council members Bayliss and McCourry to serve on this committee, and asked Pam Nelson to serve as well. The mayor asked Ms. Nelson to contact Susan King from the P&R board about serving. Council Member Harris requested a representative from the chamber be included as an advisory position in respect to needed meeting space. The mayor agreed and asked Ms. Nelson to contact him. With no further business to discuss the meeting was adjourned at 9:55 p.m. APPROVED: ohn Dillar~vlayor ATTEST: Christie Wilson, Deputy City Secretary *These items are strictly public service announcements. No action will be taken and no direction will be give 7 regarding these items.