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HomeMy WebLinkAbout06/21/2004 City Council 008014 June 21, 2004 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JUNE 21, 2004 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:04 p.m. on the 21st day of June 2004, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Alien Harris Councilmember Present Scott Ward Councilmember Present Joe McCourry Mayor Pro-tern 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: I 1.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation- Perry Schrag Boy Scout Troup No. 621 presented colors and led the Pledge of Allegiance Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation Citizen Input- Mike Lynch- requested a list of"take home" city vehicles and why. Announcement of upcoming civic events and activities ~- David Swain of Parks & Recreation announced the upcoming Liberty by The Lake festivities for the Fourth of July. A promotional video was played. 12.0 ]CONSENT AGENDA 2.1 Consider approval of the minutes of the council meeting held June 7, 2004 (Wilson) 2.3 Consider approval of award of bid and a resolution authorizing a contract for sludge hauling (Sparkman) 2.4 Consider adopting a resolution directing publication of notice of intention to issue certificates of obligation (Koo) 2.5 Consider authorizing additional staffing positions in Engineering Dept. (Scruggs) 2.6 Consider approval of council expenditures for May (Council) 2.7 Discuss and consider approval of a resolution authorizing a consulting agreement for SCADA chlorination engineering design services (Scruggs) Motion to approve the above consent agenda items- Schrag; second by McCourry; motion passed with all ayes. ~These items are strictly public service announcements. No action will be taken nor direction given regarding these items. 008015 June 21, 2004 Item 2.2 was pulled from the consent agenda for discussion by Councilmember Ward. _ 2.2 Consider approval of a resolution authorizing participation in a study for municipalization of gas distribution services (Sparkman) Purchasing Agent Bob Sparkman advised the Council that the TXU Distribution may be possibly sold to ATMOS. He advised this item is only for participation in a study. City Manager Dale Cheatham said this study is being done in conjunction with other cities. Motion to approve- Ward; seconded by Bayliss; motion passed with all ayes. Item 2.5 was pulled from the consent agenda by Councilmember Marks. 2.5 Consider authorizing additional staffing positions in Engineering Dept. (Seruggs) Councilmember Marks asked City Engineer Gordon Scmggs about how the positions will be funded in the future. Gordon advised the bond fund would support the positions the remainder of this year, and the following years would be funded from bond fund and storm water utility fund. Motion to approve- Marks; seconded by Bayliss; motion passed with ali ayes. Mayor Dillard advised Council would adjourn to Executive Session prior to the Regular Agenda. __ Adioum to Executive Session 7:20 p.m. Reconvened Regular Session at 7:55 p.m. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Discuss and consider approval of an ordinance amending Chapter 12 of the Code of Ordinances to provide for conveyance of well water for irrigation to adjacent properties under specific conditions (Scruggs) Gordon Scruggs advised Council the ordinance presented has been revised from the one in the agenda packet. He noted those specific changes. Motion to approve-Marks; seconded by Bayliss; motion passed with all ayes. Mayor Dillard moved on to the Executive Session item as follows: 4.2 B. Consider approval regarding an amendment to a development agreement with Biilingsley Corp. for development of Austin Ranch infrastructure and public facilities Assistant City Manager Tony Johnston told the Council this agreement is the one previously discussed. He added that he has met ten times with the parties involved and believes the result is a win/win agreement for both. 2 00801¢ June '~], 2004 Motion to approve- Marks; seconded by Harris; motion passed with all ayes. Lucillo Pena commended the Councilmember McCourry, city staff and attorney Bob Hager for their work on this project. 3.2 Discuss and reconsider approval of an ordinance to provide for issuance of a Specific Use Permit for Honky Tonk Restaurant located at 4649 South Colony Blvd. (Persaud) City Attomey Bob Hager explained what the process for bringing this item back to Council after it being voted down at the last Council meeting. He reminded Council that the public heating on this was closed at the last meeting but that Council can accept citizen input if they so choose. Motion to reconsider this item- $chrag; seconded by Bayliss; motion passed with all ayes. 3.3 Discuss and consider approval of an ordinance issuing a Specific Use Permit for Honky Tonk Restaurant located at 4649 South Colony Blvd. (Persaud) Councilmember Marks asked if they could proceed with citizen input. Jeff Connelly, Todd Dundas, Mike Lynch, and Cindy Deprater spoke in favor. Zion Obi, Jenise Luke, Art Justice, Ten/ Justice, Puja, Khandpur, and B.J. Khandpur spoke against it. Mayor Dillard asked the city attorney why an additional SUP is required. He advised the existing SUP had included with it a specific floor plan. When the floor plan changes, then the SLIP must be changed, requiring an amending ordinance. The attorney also told the Council that the business could possibly do this anyway because the zoning ordinance doesn't prevent it. (Code of Ordinances page 1477.) Harry Persaud told the Council that city zoning required a 70/30 split in alcohol sales vs. food sales, and anything in excess would be considered a "bar". The Texas Alcoholic Beverage Commission requires only a 50/50 split. He added that the 300 feet rule does not apply to restaurants. Motion to approve- Marks; seconded by McCourry; motion passed with all ayes except for Dillard who voted no. 3.7 Receive report from Economic Development Director on the recently attended International Convention of Shopping Centers (Terrall) Economic Development Director Tom Terrall reviewed with the Council what ICSC is and the purpose for involvement. He reviewed the schedule the city representatives followed for making contacts during the convention. 3 008017 June 21, 2004 3.5 Discuss and consider approval of a resolution authorizing a joint agreement with SBC (Southwestern Bell Communications) regarding changing from mandatory EACS (Extended Area Calling Service) to optional EACS (Koo) Finance Director Rebecca Koo explained to Council the existing mandatory Extended Area Calling Service agreement, and advised this item is to show the city's support for SBC's offering an option for local area service only. She introduced Skip Ogle with SBC who advised SBC is agreeable to making this service available to residents. He pointed out that those who choose the optional service would have a phone number change. He reviewed the pricing of both options, stating that customers choosing to keep the EACS will not have a rate change and those that choose to change will not pay a fee for the change. He said the Public Utility Commission will vote whether to adopt this plan in January 2005. He added that the intent is to offer residents a choice. Councilmember Harris expressed his concern for customers being required to change their phone numbers (as did Councilmembers Ward and Bayliss), given the current technology available. Further discussion following regarding the need to change phone numbers. Mr. Ogle said that if a customer had to keep the same phone number it would be possible, however there would be additional costs associated. Motion to approve- Ward; second by Bayliss; motion passed with the following vote: Yes- Ward, McCourry, Bayliss, Schrag, Marks __ No- Dillard, Harris 3.4 Receive report and provide direction to staff regarding proposed amendments to the Code of Ordinances, Chapter 6, Article II, Signs (Persaud) Planning Director Harry Persaud explained to council this is an item that had previously been brought before Council and asked for Council direction on how to proceed with the various aspects of the ordinance. Initially the discussion was regarding political signs. Attorney Bob Hager advised that political signs could not be restricted differently from other signs. The discussion on how many signs to allow revealed several different points of view. Councilmember Schrag suggested the work session be planned to discuss this topic. Motion to table this item for a work session within the next 45 days- Harris; seconded by Ward; motion passed with all ayes except for McCourry who voted no. 3.6 Discuss and consider approval of a resolution authorizing a change order to the contract with DBR Construction for renovation of the Police/Court building and old library to include recreat~o center modifications (Nelson) David Swain of Parks & Recreation explained to Council how the fitness center use has increased and the need for expansion. He said users would be willing to pay additional fees to use the facility. He also advised that racquetball is not as popular as it used to be and that the space for one court could be better utilized for a classroom and storage. 008018 June 21, 2004 Citizen JeffConnolly spoke, stating his concern was with the funding for this project and he wanted to be sure no funds would be taken from the civic building project. City Manager Dale Cheatham advised him that would not happen. David Swain went on to say that the construction company to be used was the one on-site for the other building renovations, thus the change order. Councilmember Harris stated he thought this may need to be bid out and was not comfortable with this construction company. Councilmember Ward and Schrag both agreed regarding a separate bid for this project. Motion to deny this item- McCourry; seconded by Harris; motion carried with all ayes. 3.8 Presentation of public opinion survey results (Cheatham) This item not addressed. I 4.0 I EXE{2UTIVE SESSION 4.1 A. City Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code 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 551.071 and 551.072 of the Texas Government Code to consider acquisition of land and seek legal advice from the city attorney regarding the Billingsley Corp. Development Agreement for the infrastructure and public facilities in Austin Ranch geconvene to open session 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 this item. (4.2 B was addressed previously) And with no further business to discuss the meeting was adjourned at 9:55 p.m. ATTEST: APPROVED: