Loading...
HomeMy WebLinkAbout03/15/2004 City Council 007965 March 15, 2004 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 15, 2004 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 15th day of March 2004, 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 Councilmember 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 - Tony Johnston Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Don Brody gave council a list of area cities' senior citizen tax exemption rates and asked council to consider raising thc senior exemption rate to $40k for The Colony's senior citizens. Steve Parson asked council to consider the restrictions currently in place for usc of city owned athletic fields so that kids can usc them when leagues are not, and so those who do not participate in league play are not excluded from using the fields. Bo Trosper told council he met with P&R staff and they came to an agreement on the Athletic Field Usage/Rental Policy (item 2.10) and encouraged thc council to approve the policy. Brandy Trosper asked council to rezone the area south of SH 121 to allow alcohol sales. Mayor Dillard told her we would send her some information explaining thc process (wet/dry elections by the county). (Rezoning does not apply.) Announcement of upcoming civic events and activities 2_ Mayor Dillard advised there will be a county bond election coming up in May. David Swain, P&R, announced a basketball tournament for this weekend and volunteers are needed. Mayor Dillard welcomed local Boy Scout Troop 622 to the meeting. ~ These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 March 15, 2004 2~.0 C~_ENT AGENDA J 2.2 Consider approval of an ordinance authorizing the city manager to sign a contract for improvements to the Well Site Aeration Towers (Scruggs) 2.3 Consider resolution approving a change order to the Engineering Services Contract for the Well Site Aeration Tower improvements (Scruggs) 2.4 Consider approval of an ordinance authorizing the city manager to sign a contract for construction of irrigation well at Five Star and connection to existing irrigation system (Scruggs) 2.7 Consider approval of council expenditures for February 2004 (Council) 2.9 Consider resolution entering into an administrative agreement between the city and the Economic Development Corporation (Terrall) 2.12 Consider approval of an ordinance authorizing the city manager to sign a contract with ONCOR for Paige Road lighting (Leverich) Mayor Dillard noted that item 2.8 was pulled from the consent agenda and placed in the discussion agenda as item 3.5. Motion to approve above listed consent agenda items- Marks; second by $chrag; motion passed with all ayes. Item 2.1 pulled for discussion by Councilmember Schrag. 2.1 Consider approval of the minutes of the council meeting held March 1, 2004 (VVilson) Councilmember Schrag asked that his specific concerns/comments be added to the minutes for item 3.5. Motion that these be brought back to council for approval at the next meeting- Schrag; seconded by Marks; motion passed with all ayes. Item 2.5 pulled for discussion by Councilmember McCourry. 2.5 Consider approval of an ordinance amending Chapter 10 of the Code of Ordinances by adding Article VIII, Sections 10-101 through 10-108 establishing the regulation of construction and operation of public pools (Persaud) Harry Persaud explained a handout he provided to council that explains what the swimming pool health inspections cover, and that the ordinance is based on State law. He introduced Cynthia Talbot, Health Inspector, who advised most other cities are already doing these pool inspections. She advised letters will be mailed out to public pools advising of the new procedures and allowing them 30 days until the inspections will begin. She said the pools must pass inspection prior to opening for public use. Councilmember Ward requested the letters be sent certified. Ms. Talbot explained to council that each inspection takes approximately 1.5 to 2 hours, and sometimes she must return for a re-inspection. Motion to approve- Harris; seconded by McCourry; motion passed with all ayes. Item 2.6 pulled for discussion by Councilmember Harris. 2.6 Consider resolution establishing fees for annual health inspections for the operation of public pools (Persaud) Councilmember Harris advised his intent when pulling this item from the consent agenda for discussion was to question the inspection fee mounts, however after the previous discussion stated he has no problem with the fees. 2 0{179 7 March 15, 2004 Motion to approve- Harris; seconded by IVard; motion passed with the following vote: No- Dillard, Schrag Yes- Harris, IVard, McCourry, Bayliss, Marks Item 2.10 pulled for discussion by Councilmember Marks. 2.10 Consider resolution approving athletic field usage and rental policy (Nelson) Councilmember Marks stated he understands that the rental fees stated are for practice use. He asked David Swain, P&R, what happens if a family can't afford to pay the fees. David said that scholarships are available through the leagues. Councilmember Marks questioned whether or not the (maintenance) fees were discussed with the various athletic boards during the design stages of Five Star. Pam Nelson, Director, advised the boards were aware. During discussion Ms. Nelson advised that other fields (other than Five Star) do not have extra maintenance fees and that it was up to council to decide if they want to impose the fees. She said other cities do have the added fees. Councilmember Harris explained that the proposed $5 rental fee is for use of the old fields for practice and is an option to the teams, that the other user fee is $2 administrative and $3 field usage. Councilmember Bayliss stated the fee helps with the tax burden for those who don't use the fields. Motion to approve- Harris; seconded by Bayliss; motion passed with the following vote: No- Dillard Yes- Harris, tVard, McCourry, Bayliss, $chrag, Marks Item 2.11 pulled for discussion by Councilmember Harris. 2.11 Consider approval of ordinance amending Chapter 14, Section 6 of the Code of Ordinances regarding Unlawful Acts in parks facilities (Nelson) Councilmember Harris advised he pulled item to voice his appreciation to Pam Nelson for the work done on this ordinance. Motion to approve- Harris; seconded by IVard; motion carried with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Discuss the city's participation with Carrollton for the construction and usage of a transmission water main from Elm Fork to north Josey Lane (Johnston) Asst. City Manager Tony Johnston explained this agenda item to cotmcil, including his projections for future water consumption needs of our city. He addressed the advantages to the city of participating in Carrollton's project of constructing a 42" water main. This new line (extending north to FM 544) would provide future needed water to The Colony from Dallas Water Utilities but would require some additional funding by The Colony to complete the line from there north to the Austin Ranch area. Mr. Johnston advised that Carrollton wants the funds up front and deposited into a special project fund, or put the funds into an escrow account. Questions were raised about how the city would fund this project. City Manager Dale Cheatham said he and Mr. Johnston are researching the funding issues but this would likely require a debt issuance. Mr. Johnston told the council that the city of Lewisville may also participate and if so, will share the expenses. Councilmember McCourry asked how this endeavor would impact the water issues we have to the north and Mr. Johnston advised they were separate issues and those were still in negotiation. Councilmember Schrag asked how long March 15, 2004 it will be before it's known whether Lewisville will participate. Mr. Johnston advised possibly 2 weeks. Council gave direction to staff to proceed with plans for this project. 3.2 Discuss and consider approval of a permit request for an irrigation well on property owned by Crow-Billingsley McKamy Road, Ltd. recorded in Vol. 1867, Page 700 Deed Records, Denton County, Texas (Scruggs) City Engineer Gordon Scruggs told council that this request is for a single well for irrigation purposes for a single lot and the fee(s) are paid. Councilmember Ward asked if this well would impact the water tables used by the city and asked about abandonment procedures. Mr. Scruggs said the well location is far enough away that it shouldn't have an affect on the water tables and that state requirements have to be met in order to abandon a water well. City Attorney David Dodd told the council if all criteria are met then the council must approve the well. Motion to approve- McCourry; seconded by Marks; motion passed with all ayes. 3.3 Discuss and consider approval of an ordinance authorizing the city manager to sign a Developers Agreement with Flonrnoy Development Company providing for reimbursement of impact fees for certain drainage improvements (Persand) Harry Persaud told the council that Floumoy Development Company (Estancia Apartments) is requesting a reimbursement of impact fees they incurred during drainage improvement construction as authorized by Chapter 8 Article II of the city's Code of Ordinances. He advised this reimbursement is based on a -- percentage. Motion to approve- Ward; seconded by Bayliss; motion passed with all ayes. 3.4 Discuss and consider additional funding for code enforcement activities (Persaud) Harry Persaud recognized members of the Code Enforcement Committee who were in attendance and said that he is pleased with the work they have been doing. He gave an overview of anticipated expenses for the remainder of the budget year, which includes new notification measures of door hangers along with letters to homeowners about violations. Discussion among the council about the door hangers included the fact that a "description" section where specifics could be written is needed so that any violation is very clear. City Manager Dale Cheatham advised the additional money is available. Councilmember Harris asked if garbage container locations are being addressed by the committee and Mr. Persaud advised the committee feels the ordinance the city has is acceptable. Motion to approve- Schrag; seconded by Ward; motion passed with all ayes. 3.5 Discuss and consider approval of proposals from GronpBaronet for creation of marketing plan and various marketing collateral projects (Nelson) City Attorney David Dodd explained that the previously scheduled work session on this item had been cancelled and this item added to this agenda. Citizen Tony Seiler showed council on the overhead projector some examples of his concerns regarding our logo and tagline. He noted he would like to see the city keep the full name "The Colony" and keep the logo but would do some 4 March 15, 2004 modifications. Pam Nelson gave council the history of the selection committee's process for choosing a marketing firm and ultimately GroupBaronet. Dale Cheatham confirmed to council that Hotel Occupancy Taxes collected were available to pay for the service. Councilmember Schrag said he wants to include Five Star in any brochures, and asked for more of an explanation of what a marketing plan consists of. Veronica Roth reviewed what takes place to produce a plan. Citizen Don Brody stated he felt we needed more businesses (hotels and restaurants) to accommodate more tourists. He added that the proposal's "added expenses" had no limitations or definitions. Veronica stated the plan should take 2-3 months to complete. Mayor Dillard said he thought the city should start with the marketing plan only and also voiced his concem over the "added expenses" having no definition. Veronica stated any extra expenses could be taken to the committee for approval prior to any spending. Councilmember Schrag asked how long the "situation overview" should take and Veronica replied 3-4 weeks. Motion to approve marketing plan only- Marks. Councilmember McCourry asked Councilmember Marks if he would amend his motion to include a 20% cap on expenses. Conncilmember Marks amended & restated his motion as follows: Motion to approve the marketing plan with added expenses approved by the committee; seconded by Bayliss; motion passed with the following vote: No- McCourry Yes- Dillard, Harris, Ward, Bayliss, Schrag, Marks Executive session convened at 9:50 p.m. 4.0 I EXECUTIVE SESSION 4.1 A. City Council shall convene into a closed executive session pursuant to Section 551.071 to consult with the city attorney regarding contract between the City of Frisco, North Texas Municipal Water District and the City of The Colony. B. City Council shall convene into a closed executive session pursuant to Sections 552.072 property acquisition and 552.076 security personnel and devices of the Texas Government Code to consider appropriate location of public safety security facilities or devices and possible site acquisitions to implement such public safety and security facilities or devices. C. Seek legal consultation with City Attorney and Special Counsel concerning TXDOT grants and funding under section 551.071 of the Texas Government Code Council re-convened into open session at 10:37 p.m. 4.2 Consideration of any appropriate action to be taken as a result of the Executive Session. A. Contract between the City of Frisco, North Texas Municipal Water District and the City of The Colony. March 15, 2004 Motion by Harris to direct the city attorney to move forward with all legal remedies and actions concerning the contract between the North Texas Municipal FFater District, the city of Frisco, and the City of The Colony; seconded by Bayliss; motion passed with all __ ayes. B. Location of public safety security facilities or devices and possible site acquisitions to implement such public safety and security facilities or devices. Motion by Schrag to authorize the city manager to execute the presented real estate contract; seconded by Marks; motion passed with all ayes. C. Appropriate action to be taken regarding TXDOT grants and funding. Motion by Marks to approve the contract with Thompson Coe; seconded by FFard; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 10:40 p.m. APPROVED: J i~ty Dillard, Mayor -- of The Colony ATTEST: 6