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HomeMy WebLinkAbout04/05/2004 City CouncilApril 5, 2004 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON APRIL 5, 2004 The Regular Session of the City Cotmcil of the City of The Colony, Texas, was called to order at 7:00 p.m. on the 5th day of April 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 Cotmcilmember Present Joel Marks Councilmember Absent And with six present a quorum was established and the following items were addressed: (Comment: The minutes of this meeting reflect the order in which they were addressed rather than the posting order.) 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation- Lynda Bayliss Pledge of Allegiance to the United States Flag Salute to the Texas Flag Presentation from Denton County Commissioner Sandy Jacobs regarding Denton County Bond Program- Commission Jacobs explained the upcoming bond proposal Denton County has set for an election on May 15, 2004. She identified the projects that wilt affect The Colony and explained the roadway funding process, as well as the costs of each project. She included that passing this bond election proposal will not increase the tax rate for citizens. She expressed her thanks to council members Perry Schrag and Joel Marks for the time and effort they contributed while serving on the committee. 7:45 p.m. Council convened into Executive Session and addressed the following items. 4.0 1 EXECUTIVE SESSION NUMBER ONE 4.1 A. City Council shall convene into a closed executive session pursuant to Section 551.086 regarding economic development to deliberate the offer of a financial or other incentive to a business prospect. C. City Council shall convene into closed executive session pursuant to § 551.071(2) of the Texas Local Government Code to seek legal advise from Special Legal Counsel regarding the 121 Grant Agreement and § 551.072 of the Texas Government Code to discuss and deliberate the purchase and exchange of value of real property. April 5, 2004 D. City Council shall convene into closed executive session pursuant to § 551.071(2) of the Texas Local Government Code to seek legal advise from the City Attorney about internal employee security and legal liability. 10:45 p.m. Reconvene to Open Session 4.2 Consider any appropriate action to be taken as a result of the Executive Session. A. Deliberate the offer of a financial or other incentive to a business prospect. Councilmember Harris made the following motion: That the City of The Colony approve the incentive offer as set forth in a letter dated March 25, 2004 as outlined by our Director of Economic Development and the city manager. Motion was seconded by Councilmember Schrag; motion passed with all ayes. C. 121 Grant Agreement and purchase or exchange of real property. No action taken on this item. D. Internal employee security and legal liability. No action taken on this item. Citizen Input- none Announcement of upcoming civic events and activities ~- The Mayor briefly explained the recent odor coming from the wastewater treatment plant saying that it was duc to necessary maintenance being conducted on the centrifuge equipment. Councilmember Harris reminded everyone of the Easter Egg Hunt at Hidden Cove Park on Saturday. 3.0~GULAR AGENDA ITEMS 3.3 Receive report from Cultural Arts Board regarding survey of area arts boards (Dillard) Neale Whitmore of the Cultural Arts Board presented council with the results of a survey of other cities and their arts boards. Mayor Dillard suggested the arts committee meet in the next few weeks for planning purposes. 3.4 Discuss and consider an ordinance amending Chapter 12, Subsection 12-83 of the Code of Ordinances to provide regulations for lines and appurtenances I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. April 5, 2004 conveying well water to be extended to adjacent properties under specific conditions (Scruggs) City Engineer Gordon Scruggs explained to the council that this ordinance amendment would allow the transmission of well water across property lines. He noted that if any transmission lines were to cross the city's right-of-ways then a separate licensing agreement would be required. This item failed for lack ora motion. 3.5 Discuss and consider well water transmission system installation, operation, maintenance, and license agreement with the Billingsley Company (Scrnggs) Gordon Scruggs advised council that this item is tied to the ordinance (no motion to approve) in item 3.4. The Mayor noted this item should be tabled for future consideration. The Mayor gave Lucillo Pena, Billingsley Company, permission to speak on this item. He explained the benefits of using this method to water the city's right-of- ways, as well as the future water consumption needs of the area. Councilmember Schrag, as well as council members McCourry and Ward, expressed concern about this issue and wants time for further consideration. Motion to table- Harris; seconded by McCourry; motion passed with all ayes. 3.6 Discuss and consider site plan for Kwik Kar Carwash located north of SH 121 on lot 1 block 1, Partial Eclipse Addition, T. Wilson Survey, Abstract No. 1352 (Persaud) Harry Persaud explained to council this proposed carwash is on a location that was approved for a carwash previously. The basic difference is that this car wash has no lube center. Motion to approve with four stipulations as recommended by Planning and Zoning- McCourry; seconded by Harris; motion passed with all ayes. 3.7 Discuss and consider an ordinance authorizing the city manager to sign an engineering services agreement with Kimley-Horn to update the current roadway impact fee ordinance in according with Chapter 395 of the Local Government Code (Persaud) Harry Persaud briefly explained to council thc necessity for this item. Motion to approve- McCourry; seconded by Bayliss; motion passed with all ayes. 3.8 Discuss and consider approval of a resolution authorizing an Interlocal Agreement with the City of Lewisville regarding emergency water services (Johnston) Assistant City Manager Tony Johnston told council that a previously installed water main would be used for Lewisville and The Colony to assist each other during a 3 April 5, 2004 water crisis. The Interlocal Agreement sets out the agreed upon terms for this measure. He also advised that neither city will make a profit on the water purchased. Motion to approve- Ward; seconded by McCourry; motion passed with all ayes. 3.9 Discuss and consider action concerning GroupBaronet and how the project will be managed and who shall authorize payment of funds (Council) Motion to table until the Chamber of Commerce creates a CVB- Harris Councilmember McCourry asked if the motion could be amended to include a request to the Chamber of Commeme to include a city council member and a senior staff member on the CVB (Convention Visitors Bureau). City Attorney Bob Hager advised council that the city manager is responsible for the funds/expenditures until the CVB is created. City Manager Dale Cheatham advised the Chamber of Commerce is meeting on April 14, 2004 to hopefully create the CVB. Councilmember Harris amended his motion- to table until the Chamber creates a CVB to include a council member and a senior staff member appointed by the city manager; seconded by McCourry; motion passed with all ayes. 3.1 Discuss and consider adopting a resolution supporting the Denton County -- Bond Program (Council) Mayor Dillard read the following caption from the proposed Resolution: CITY OF THE COLONY RESOLUTION NO. 04-15 SUPPORT FOR DENTON COUNTY'S 2004-DENTON COUNTY BOND ELECTION He asked for copies to be sent to the Commissioners Court to show the City's support for this bond proposal. Motion to approve- Harris; second by Ward; motion passed with all ayes. 3.2 Discuss and consider adopting a resolution opposing school tax reform that would negatively impact the city (Council) Mayor Dillard read the following Resolution: CITY OF THE COLONY RESOLUTION NO. 04-13 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, OPPOSING ANY SCHOOL FINANCE OR TAX SYSTEM REFORMS THAT WOULD 4 April 5, 2004 NEGATIVELY AFFECT CITY I~VENUES AND ECONOMIC DEVELOPMENT EFFORTS WHEI~EAS, it is likely that the Texas Legislature will address school finance and tax system reforms in the near future; and WHEREAS, during theses deliberations by the Texas Legislature, proposals to limit the ability of cities to collect property taxes and sales taxes are likely to be offered by some members of the Legislature; and WHEREAS, additional restrictions on city taxes fly in the face of a history of frugal tax administration by Texas cities; and WHEREAS, all Texas cities combined collect only 15.3 percent of ali property taxes collected in the State of Texas, while schools collect more than 60 percent; and WHEREAS, between 1985 and 2002, the municipal share of all proper~y tax revenue fell from 20.3 percent to 15.3 percent; and WHEREAS, Texas cities rely on tax revenue to build basic infrastructure, to ensure public safety through police and fire departments, and to provide numerous essential services for city residents, who are 80 percent of the state's population; and WHEREAS, Texas cities engage in numerous economic development activities that produce jobs and revenue for the entire State of Texas; and WHEREAS, cities must meet the challenges of homeland security and compliance with state and federal mandates, many of which are unfunded mandates; and WHEREAS, Texas cities have shown over the years that they are fiscally responsible and good stewards of taxpayers' money; and WHEREAS, The Colony has never increased its property tax rate in more than a decade and has decreased its tax rate by 10 percent during that period; and WHEREAS, efforts to limit the ability of cities to collect sales and property tax revenues or to set tax rates would have severe negative impacts on city services, city employees, economic development efforts, and ultimately the citizens of the State of Texas; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: That the governing body of the City of The Colony, Texas will oppose all school finance or tax reform efforts by the Texas Legislature that negatively impact the ability of the City to provide basic essential services, conduct economic development activities, and ensure public safety by limiting our ability, beyond the provisions of current law, to collect property tax or sales tax revenues. PASSED AND ADOPTED this 5th day of April, 2004. Councilmember Harris commented that school tax reform is needed but not at the cost of the cities. Motion to approve- Harris; second by McCourry; motion passed with all ayes. April 5, 2004 ~NT AGENDA 2.1 Consider approval of the minutes of the council meetings held March 1 and March 15, 2004 and EDC/Council work session March 22, 2004 (Wilson/Lane) 2.2 Consider approval of an ordinance amending Chapter 18 by adding Article V, Section 18-52 prohibiting the use of skateboards, roller blades, roller skates, in-line skates, and motorized scooters and non-motorized scooters on certain municipal owned property and improvements (Cheatham) 2.3 Consider approval of an ordinance amending the 2003-2004 budget transferring $19,000 from the General Fund fund balance to the Code Enforcement program, approved by Council on March 1, 2004 (Koo) 2.4 Consider adopting a resolution expressing official intent to reimburse costs of projects (Koo) 2.5 Consider appointment of Margaret Burkett as the Privacy Officer for the City of The Colony to comply with Title II of the Health and Insurance Portability and Accountability (HIPPA) (Burkett) 2.6 Consider approval of an ordinance amending Chapter 19, Subsection 19- 10(b) of the Code of Ordinances providing regulations for speed limits consistent with current signage on specific streets (Scruggs) 2.7 Consider approval of a resolution authorizing a change order to the engineering services contract for additional services related to construction of the 3 million gallon storage tank (Scruggs) 2.8 Consider approval of a resolution authorizing an engineering services contract for improvements at the Office Creek Pump Station (Scruggs) 2.9 Consider approval of a resolution authorizing an amendment to the Horizon Hawaiian Falls Water Park lease contract (Cheatham) 2.10 Consider approval of an ordinance amending the 2003-2004 budget re- allocating funds between accounts to support an amendment to the Horizon Hawaiian Falls Water Park lease contract and ensure funding for the State Highway 121 Expansion Project(Cheatham) 2.11 Consider approval of an ordinance amending the Code of Ordinances Chapter 2, Article II Boards and Commissions by adding Division 1. Technologies Board (Council) Motion to approve the above consent agenda items- McCourry; seconded by Harris; motion passed with all ayes. Councilmember Harris asked that item 2.12 be pulled for discussion. 2.12 Consider adopting a resolution to approve proposed Volunteer Policies providing guidelines for taping and broadcasting meetings and special city and community events (Council) Councilmcmber McCourry advised he did some revisions on the volunteer policy. Specifically, thc city manager will appoint a staff member to bc the Broadcast Coordinator, and the city council will appoint a Volunteer Coordinator who will report to 6 April 5, 2004 the Broadcast Coordinator. He asked that we put the appointment of the Volunteer Coordinator on the next agenda. Councilmember Bayliss asked if we will be doing interviews for this position and Councilmember McCourry said we should take nominations from those interviewed for the Telecommunications Board. Motion to approve revised policy- Harris; seconded by Ward; motion passed with all ayes. 12:00 a.m. Council re-convened the Executive Session and addressed the following item. I 4.0 I EXECUTIVE SESSION NUMBER TWO 4.1 B. 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. 12:30 a.m. Council re-convened the Regular Session 4.2 B. Contract between the City of Frisco, North Texas Municipal Water District and the City of The Colony. No action taken on this item. And with no further business to discuss the meeting was adjourned at 12:31 a.m. APPROVED: ~o4tnDina{d ayor ~c~.~ ~ ATTEST: / ~A(~4 V~,~ Christie Wilson, Interim City Secretary