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HomeMy WebLinkAbout06/07/2004 City Council 0 0 .June ?, 2004 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JUNE 7, 2004 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 7th day of June 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 Mayor Pro-rem 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: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Tony Johnston Pledge of Allegiance to the United States Flag Salute to the Texas Flag Presentation of award to "Mixed Company"- Pam Nelson recognized the senior citizen group for their recent award, 2004 Innovations in Programming Award, from the Dallas Fort Worth Parks & Recreation Director's Association. Among the group were Mayor Dillard and Councilmember Perry Schrag who participated in the production. Proclamation- Management Week- Presented to Floyd Norvell, President of the South West National Management Association. Citizen Input- Joyce Fulco asked if the production of Mixed Company could be aired on Channel 17. Announcement of upcoming civic events and activities ~- Mayor Dillard announced the flags were being flown at half-mast in honor of President Ronald Reagan's passing. ~NT AGENDA 2.1 Consider approval of the minutes of the Council meetings held May 17 and May 18, 2004 (Wilson) 2.3 Consider approval of a resolution authorizing the city manager to sign an Interlocal Agreement with the Denton County Tax Assessor /Collector to collect property taxes for the 2004-2005 fiscal year (Carroll/Koo) 2.4 Consider approval of an ordinance authorizing the city manager to sign a Local Transportation Project Advanced Funding Agreement providing for ~ These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 008008 June 7, 2004 the design, construction and funding for certain roads in Austin Ranch (Persaud) 2.5 Consider approval of an ordinance authorizing the city manager to sign a Facilities Construction/Development Agreement providing for the design, construction and funding for certain roads in Austin Ranch (Persaud) 2.8 Consider authorizing a temporary off-premise sign on SH 121 for the Estancia Apartments (Persaud) 2.10 Consider approval of a resolution authorizing an engineering services contract for preparation of a Wastewater System Master Plan (Scruggs) 2.11 Consider approval of a resolution authorizing an agreement with FEMA for updating the mapping of flood prone areas (Scruggs) 2.12 Consider approval of a resolution authorizing the mayor to sign a developer's reimbursement agreement with Wynnwood Peninsula Ltd. for an engineering contract on wastewater services (Johnston) 2.13 Consider approval of a resolution authorizing an engineering services contract for design of a lift station and force main to convey wastewater from Wynnwood Peninsula to Stewart Creek Treatment Plant (Scruggs) 2.14 Consider approval of establishing an Assistant City Engineer/Manager of Inspection Engineers position (Johnston) Motion to approve the above consent agenda items- McCourry; second by Marks; motion passed with all ayes. Item 2.2 was pulled for discussion by Councilmember Marks. 2.2 Consider authorizing the purchase of a Xerox WorkCentre from the Court Technology Fund (Ristagno/Koo) Councilmembcr Marks asked Municipal Court Administrator Patti Ristagno about the maintenance agreement on the equipment. She replied that the cost of the maintenance agreement is additional and can be renewed for as long as the city chooses. Motion to approve- Marks; second by Bayliss; motion passed with all ayes. Items 2.6 and 2.7 were pulled for discussion by Mayor Dillard. 2.6 Consider approval of an ordinance amending Section 10-85 of the Code of Ordinances to provide for an administrative fee to be charged for work performed to correct code violations (Persaud/Browder) Mayor Dillard asked Planning Director Harry Persaud why item 2.6 and 2.7 were being brought to Council. Mr. Persaud advised that the existing wording in the Code of Ordinances is generic regarding the administrative fee the city can charge for work performed to correct code violations. He advised the wording needs to be streamlined and that the city is currently charging $50.00. Motion to approve- Harris; second by Bayliss; motion passed with all ayes. June 7, 2004 2.7 Consider approval of a resolution establishing an administrative fee of $85 for work performed to correct code violations (Persaud/Browder) Harry Persaud advised the Code Enforcement Advisory Committee recommends a charge of $85 based on a survey of surrounding cities. Councilmember Harhs clarified that the fee is only being charged to those who disregard the city's standards and are negligent in correcting code violations. Mayor Dillard expressed that he thinks the amount is excessive. Motion to approve- Harris; second by Bayliss; motion passed with all ayes except Mayor Dillard who voted no. Item 2.9 was pulled for discussion by Councilmember Harris. 2.9 Consider approval of an ordinance amending the 2003-2004 municipal budget re-allocating funds for a one-time hazardous waste collection (Gilman) Councilmember Harris wanted to thank the staff for establishing this program. Citizen Cindy Deprater told the Council that she's concerned with limiting the program to the first 500 people. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 7:25 p.m. Council adioumed to Executive Session to consult with the city attorney about item 3.1. 7:45 p.m. Council reconvened to Regular Session. [3.0[ REGULAR AGENDA ITEMS I 3.1 Public bearing regarding a Specific Use Permit for on-premise alcohol consumption for Honky Tonk Restaurant located at 4649 South Colony Blvd. and consider approval of an ordinance amending the comprehensive zoning ordinance (Persaud) Harry Persaud explained the zoning regulations regarding the use of the old SUP by the Honky Tonk restaurant. The owners want to include a stage and dance floor so they had to apply for a new SUP. He advised the restaurant can sell beer and wine with the existing SUP. Approval of this item requires a ¥4 vote of approval from Council due to the number of protests received from surrounding property owners. It was clarified that a "no" vote does not mean the restaurant cannot sell alcohol, but only means the request for a new SUP (adding a dance floor and stage area) is not approved. Mayor Dillard opened the public heating at 7:50 p.m. Citizen Don Brody told the Council he is not opposed to this SUP. The following citizens spoke against this item: Cynthia Peterson, Michelle Tell, Jeff Green, Ginny Parker, Puja Khandpur (Director of Montessori School) who brought a petition asking for our ordinances to be changed, and B.J. Khandpur. June 7, 2004 Comments from city attorney Bob Hager included: the city cannot regulate hours of operation- it falls under the regulation of the Texas Alcoholic Beverage Commission; also the school in question opened after the existing restaurant facility (that operated under the existing Special Use Permit.) Todd Dundas, owner of the Honky Tonk restaurant, addressed the Council saying the majority of the business is after 9 p.m. and that he has security on the property every night. He also stated it is a restaurant with a country western theme. Candy Mays, owner of the building, said there is no happy hour at present because the restaurant does not have their liquor license yet, and that giving away beer does not violate any TABC laws. She said there is a very large kitchen and that this is a restaurant. Public hearing was closed at 8:15 p.m. Councilmember Marks asked about implementing a left-rum only exit fi'om the parking lot. Mr. Hager reminded him that is not the issue and changes such as that will be need to brought before Council on an agenda. Councilmember Marks asked if staff could research the possibility. Motion to approve- Ward; second by Bayliss; the motion.failed with the following vote: Aye- Harris, Ward, McCourry, Bayliss No- Dillard, $chrag Abstain- Marks 3.2 Discuss and seek direction from Council regarding possible registration and annual inspection of rental properties over five years old (Persaud) Harry Persaud told Council that the Code Enforcement Advisory Committee requested staff research the possibility of implementing a program for the registration and an annual inspection of rental properties. This program would require the city to hire an additional inspector. Mr. Persaud told Council that staff is seeking direction on whether to proceed with any further work on this item. He also stated the program would be for single-family residences, duplexes and apartments. After considerable discussion among Council members, Bob Hager suggested the city could start with a registration process and see if enforcement methods already in place might correct some issues. The Mayor directed Mr. Persaud to look into the Renters Bill of Rights and increasing the standards for exterior appearances. Mr. Persaud said he would look at all options and bring them back to Council so they can choose which, if any, they would like to implement. Councilmember Schrag said there need to be two issues addressed- beautification and renter protection. Mr. Persaud advised there is a minimum housing code that applies to renters and owner occupied properties. Councilmember Harris would like to see something implemented that would protect the renter and force the property __ owner to be accountable for making repairs. June 7, 2004 3.3 Discuss and consider approval of an ordinance prohibiting obstructions in right-of-ways (Persaud/Browder) Iris Browder, Chief Code Enforcement Officer, explained to Council that the city has received many complaints about basketball goals, etc. being placed in the city easements and right-of-ways. Councilmember Marks asked if the ordinance would include cul-de-sacs, since often neighborhood residents use those low traffic areas to place basketball goals. Councilmcmber Harris expressed his concern about eliminating those areas as well. Bob Hager advised Council that thc possibility exists that the city could be sued over knowing an obstruction is in thc easement/street and not removing it. Hc said notice has to be given to residents if such things arc allowed, but the right-of-way is the responsibility of thc city. Councilmember Harris stated he thought thc fine amount is too high. Councilmembcr Schrag said he is not in favor of kids playing in the street. Citizen Cindy DePrater spoke saying she is not for a "fining" system but wants violations enforced. Councilmember Harris asked if the effective date could bc set in the future to allow for notification of residents. Motion to approve with an effective date of September 1, 2004; second by Bayliss; motion passed with all ayes except for Harris who voted no. 3.4 Discuss and consider approval of an ordinance adopting a five-year plan for water and sewer rate adjustments (Koo) Finance Director Rebecca Koo explained to Council this ordinance is the result of a Council work session. She reviewed the proposed rate increases, infrastructure projects for the next five years and the anticipated costs of those projects. The rate increase structure in the proposed ordinance is as follows: Sewer- 2004-2005 9%; 2005-2006 6.5%; 2006-2007 5%; 2007-2008 2.5% Water- 2004-2005 9%; 2005-2006 6.5%; 2006-2007 5%; 2007-2008 2.5% The new rates will become effective starting October 1, 2004. She added that the debt service payments for the first three years would be interest only. Councilmember Harris commented that no one in the city wants to raise the rates but it is a necessity. Councilmember Schrag asked if there are any other funds available from previous bond issuances. City Manager Dale Cheatham replied there were some funds but they will be used for future debt issuances. Citizen Cindy DePrater told Council she was in favor but would like to see when the debt amount will come down and have a plan in place for future reductions. The question concerning the future availability of Dallas water arose. Ms. Koo said the city has a 30-year contract. Councilmember Marks asked for clarification that a total of 12 percent will be implemented this calendar year (previously 3 percent and on October 1st, 9 percent). Ms. Koo told Council that the ordinance could be revisited by future city Councils if circumstances change that could impact the need to implement these rates. June 7, 2004 Discussion followed regarding some financial relief for senior citizens who might suffer hardship with the new rates. Staff will look into some options. Motion to approve- Harris; second by I~ard; motion passed with all ayes except for Schrag who voted no. The Mayor pulled item 3.5 from the agenda and it was not discussed 3.5 Discuss and consider approval of an ordinance amending Chapter 12 of the Code of Ordinances to provide for conveyance of well water to adjacent properties under specific conditions (Seruggs) 3.6 Receive report from Couneilmember Allen Harris regarding recent TML meeting Councilmember Harris recently attended a Texas Municipal League meeting. He informed Council of the purpose of the meeting and history behind the organization. ~ 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 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. Item C. not addressed. C. City Council shall convene into closed executive session pursuant to Section 551.072 to consider appropriate action regarding the Austin Ranch Developer Agreement Amendments. 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. No action on item A. B. Public safety security facilities and possible site acquisitions. Motion by McCourry to authorize the city manager to execute a contract for the purchase of land located on North Colony Blvd. ~ Main; seconded by }Yard; motion passed with all ayes. June 7, 2004 Item C. not addressed. C. Appropriate action regarding the Austin Ranch Developer Agreement And with no further business to address, the meeting was adjourned at 11:05 p.m. APPROVED: (~ Jo~n Dillard, Mayor CiYy of The Colony ATTEST4 Uq~fistie Wilson, TRMC, City Secretary