HomeMy WebLinkAbout09/13/2004 City Council
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September 13, 2004
MINUTES OF REGULAR SESSION OF COUNCIL
HELD ON
SEPTEMBER 13, 2004
I 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 13th day of September 2004, at City Hall, 6800 Main Street,
The Colony, Texas, with the following roll call:
John Dillard Mayor Present
Allen Hanis 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 council members present a quorum was established and the following
items were addressed in the order that they appear in these minutes:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND
PROCLAMATIONS:
Call to Order
Invocation - Lynda Bayliss
Pledge of Allegiance to the United States Flag
I Salute to the Texas Flag
Presentation to Citv of service flags- Dewey Fambry and members of The Colony
Masonic Lodge and local Veterans presented the city with flags representing the
various armed forces. The flags were purchased with a grant from Walmart.
Dewey stated the flags will be on display in the foyer of city hall along with other
memorabilia from the grand opening of Veterans Memorial.
Presentation to council members who attended the first fire academy & video-
Fire Chief Nolen explained the purpose of the Citizen's Fire Academy, and
presented plaques and certificates to Lynda Bayliss, Allison Sprinkle, Barbara
Caldwell, Joe McCourry and Allen Hanis, who attended this first session.
Councilmember Hanis presented a slide show of the different activities the
attendees participated in.
Citizen Input- Bo Trosper addressed the council regarding a product that was
proposed to the city for the purpose of reducing wastewater odor. City Manager
Dale Cheatham told Mr. Trosper that staff and the city engineer evaluated the
product and decided against it.
Announcement of upcoming civic events and activities1- Comcast Cable changing
channel numbers- Assistant City Manager Tony Johnston explained to the council
that starting on September 15, 2004 Comcast Cable would be rearranging the
channel numbers for local cable. The effect it has on the public channels are:
I I These items are strictly public service announcements. No action will be taken and no direction will be given
regarding these items.
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September 13, 2004
public access Channel 6 will move to Channel 16, government Channel 17 will
move to Channel 15, and Collin County Community College Channel 71 will
move to Channel 75.
I 2.0 I CONSENT AGENDA I
2.2 Consider approval of the cancellation of the September 20, 2004 council
meeting (Council)
2.3 Consider approval of resignations of Pat Hudson and Michael Smith from
the Cultural Arts Board (Council)
2.5 Consider approval of a resolution authorizing an engineering services
contract for design and preparation of plans and specifications for
replacement of Control Valve at Well Site No.3 (Scruggs)
2.6 Consider approval of a resolution suspending the effective date of Co-Serve
Gas rate change (Koo)
2.7 Consider approval of a resolution authorizing the mayor to sign a Texas
Municipal League Intergovernmental Employee Benefits Pool Interlocal
Agreement (Burkett)
2.8 Consider approval of a resolntion authorizing the city to set up a Retirement
Health Saving Plan for city employees with contributions made by employees
(Burkett)
2.12 Consider approval of a resolution adopting a Policy and Procedure manual
for The Colony Senior Center (Nelson)
2.13 Consider approval of a resolntion authorizing an Amendment to the
Concessionaire Agreement with JT's Snacks and Rentals at Hidden Cove
Park for the purpose of providing for an extension ofterm (Nelson)
2.14 Consider approval of a resolution scheduling a public hearing for November
15, 2004 to discuss adoption of Land Use Assumptions and Capital
Improvements Plan in conjunction with the city's roadway impact fees
update (Persaud)
Motion to approve the above consent agenda items- McCourry; second by Bayliss;
motion passed with all ayes.
Mayor Dillard announced that the remaining consent agenda items will be addressed later
in the meeting.
7:30 p.m. - Mayor Dillard adyised the Executive Session will be convened at this time.
14.0 I EXECUTIVE SESSION I
4.1 A. Council shall convene into a closed executive session pursuant to
Section 551.071 of the Local Government Code to consult with the city
attorney regarding pending litigation between the City of Frisco, North
Texas Municipal Water District and the City of The Colony.
Not addressed.
B. Council shall convene into a closed executive session pursuant to
Section 551.071 of the Local Goyernment Code to consult with city attorney
regarding possible litigation with Hunter and Associates.
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Not addressed.
C. City Council shall convene into closed executive session pursuant to
I Section 551.071(2) of the Texas Local Government Code to seek legal advise
from Special Legal Counsel regarding the S.H. 121 Memorandum of
Understanding and Section 551.072 of the Texas Goyernment Code to discuss
and deliberate the purchase and exchange of value of real property.
9:30 p.m.- Reconvened to open session.
Mayor Dillard advised item 3.8 would be addressed next.
3.8 Council will receive a presentation concerning S.H. 121 and related issues
(Dillard)
Michael Morris, Director of Transportation for the North Central Texas Council
of Goyernments, addressed the council and noted that also in attendance was Bill
Hale, District Engineer for the Department of Transportation Dallas district. Mr.
Morris passed out a handout that summarized the funding needs of the
Department of Transportation and the list of projects that have been proposed as
part of the S.H. 121 partnership with cities. He explained that two options were
being presented that haye been worked on by all those involved for the past six
months, and stated that he is seeking direction from the city council about how the
The Colony would like them to proceed regarding S.H. 121 [through The
I Colony]. He said that the city could request a gas tax supported [S.H. 121]
roadway with little funds available for other road improvements, or it could
become a toll road with bond funds supporting approximately three-hundred-
thirty-eight million dollars in other roadway projects in the area, including F.M.
423 widening. He added that Carrollton and Lewisville have already approved
the toll road. He also stated that the frontage roads along S.H. 121 would be free.
The Mayor introduced Mr. Rider Scott, outside counsel to The Colony on this
issue, who was asked to maximize the long terms benefits [of a toll road] to The
Colony. Mr. Scott stated that county bond funds should become available the first
part of 2005 for local projects, and added that those projects would be designed to
local standards rather than federal standards, saving about 30 percent on
construction costs. He added that the toll road has already been approyed up to
the western edge of our city limits; thus, travelers would be paying tolls going
westbound and eastbound. He added that funds available for road improvements
in The Colony amount to approximately fifty million dollars.
Citizen Input
1. Craig Sloan- asked if the cost to citizens per year had been calculated
2. Shelly Felton- doing this will not draw new residents to the city
3. Sharon Bell- calculated the cost oftolls at $1,200 per person
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September 13, 2004
4.2 C. Any action taken as a resnlt of executive session item regarding advice
from Special Legal Counsel regarding' S.H. 121 Memorandum of
Understanding and/or the purchase or exchange of value of real property.
Councilmember Schrag made the following motion:
"1 move we adopt {Resolution Caption{
'A RESOLUTION EXPRESSING THE CONCURRENCE OF THE GOVERNING BODY OF
THE CITY OF THE COLONY IN THE DECISION OF THE AFFECTED PARTIES TO
CONSTRUCT STATE HIGHWAY 121 AS AN ELECTRONIC TOLL FACILITY (PROJECT:
CSJ 0364-03-066, WITHIN THE CONFINES OF THE MUNICIPAL LIMITS),
ACKNOWLEDING THE REALLOCATION OF STATE, REGIONAL AND LOCAL
FUNDING TO PROVIDE FOR NON TOLLED ALTERNATNES AND REGIONAL
MOBILITY PROJECTS OF BENEFIT TO THE COLONY; AND, PROVIDING FOR AN
EFFECTNE DATE.' And to add, 'as finally ratified by the city' to Section 3 of the
Resolution ".
Motion was sectmded by Bayliss; motion passed with the following vote:
Yes-Dillard, Ward, McCourry, Bayliss, Schrag
No- Harris, Marks
The Mayor moved on to the items pulled from the Consent Agenda.
2.1 Consider approval of minutes of council meetings held August 16, 23 and 30,
and September 7, 2004 (Wilson)
Councilmember Schrag asked that the minutes of September 7th have his
comments added regarding his concern oyer the ramifications of funding the new
public safety positions from the fund balance on future budgets.
Motion to approve with the above stated addition to the text- Schrag; second by
McCourry; motion passed with all ayes.
2.4 Consider approval of a resolution authorizing a change order to the
construction contract for South Colony Boulevard in the amount of $63,775
(Scruggs)
Councilmember Marks asked why we are doing this change order. City Engineer
Gordon Scruggs said that the existing water and sewer lines were found to be in
bad shape. He also added that this dollar amount is within the contingency
amount.
Motion to approve- Marks; second by Harris; motion passed with all ayes.
2.9 Consider approval of a resolution authorizing a legal services agreement for
the preliminary alignment and preparation of documents for right of way
and easements for the proposed widening ofFM 423 (Scruggs)
Councilmember Schrag adyised that given the situation with S.H. 121 he needs no
further discussion on either item 2.9 or 2.10.
Motion to approve- Schrag; second by Bayliss; motion passed all ayes.
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2.10 Consider approval of a resolution authorizing an engineering services
contract to determine the scope of water and wastewater relocation work
I needed for the proposed widening of FM 423 (Scruggs)
Motion to approve- Schrag; second by Bayliss; motion passed all ayes.
2.15 Consider approval of an ordinance amending Chapter 6 of the Code of
Ordinances to require a permit to repair greater than fifty percent of a fence,
and to identify the types of materials permitted for construction of fences
(Persaud)
Councilmember Ward questioned the 180-day limit on fence construction.
Planning Director Harry Persaud advised that all construction permits are 180
days, and that any change in that would require reyisions to the Building Code.
Counci1member Harris asked for clarification of Section 6-75 regarding the
distance from the comer of the driveway to the alleyway, being five feet at a
ninety-degree angle. Mr. Persaud confirmed five feet is correct. Mayor Dillard
asked about the meaning of "celÌlentituous" as used in the approved materials list.
Mr. Persaud replied that it meant cement based material. He added that fences
already in place with non-conforming materials can stay until the fence is
replaced.
Motion to approve- Schrag; second by Harris; motion passed with all ayes.
I 2.11 Consider approval of a resolution authorizing the city manager to sign a
contract with The Colony Institute of Aquatics Swim Club for use of the
Aquatic Park for practices and meets (Nelson)
Councilmember Marks confirmed with Elise Knox, Aquatics Park Manager, that
the insurance requirements had been met by the club.
Motion to approve-Marks; second by McCourry; motion passed with all ayes.
2.16 Consider approval of an ordinance amending Chapter 18 regarding
obstructions in Right of Ways (Persaud)
Councilmember Bayliss asked for a review of this item, which excludes alley
right-of-ways. Harry Persaud explained this change will allow an individual to
have, for example, a large rock on a comer.
Motion to approve-Bayliss; second by Harris; motion passed with all ayes except for
Ward who voted no.
2.17 Consider approval of an ordinance amending Chapter 10 of the Code of
Ordinances to prohibit the use of car covers to screen junked vehicles, and to
I delete certain sections in conflict with state law regarding removal of
abandoned vehicles (Persaud)
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Counci1member Marks asked for an oyerview of this item. Mr. Persaud advised
that staff has worked with the Code Enforcement Advisory Committee on this
rnarter. They are suggesting that coyerings over junked vehicles [as defined by
state law] be eliminated, and that, to make the ordinance consistent with state law,
the vehicles must be screened. Councilmernber Ward suggested that shrubbery
used as screening be termed "permanent landscaping" so as not to be portable.
Motion to approve with a change from "shrubbery" to "permanent landscaping"-
Ward; second by Bayliss; motion passed with the following vote:
No- Dillard, McCourry
Yes- Harris, Ward, Bayliss, Schrag, Marks
2.18 Consider approval of an ordinance amending Chapter 10 of the Code of
Ordinances to comply with the Health and Safety Code regarding weeds and
rubbish (Persaud)
Harry Persaud provided a summary of the changes and advised the purpose is to
streamline the enforcement notification process and make the ordinance
compliant with state law.
Motion to approve-Marks; second by Ward; motion passed with all ayes.
13.0 1 REGULAR AGENDA ITEMS 1
3.1 Public Hearing and discuss and consider approval of an ordinance amending
a Specific Use Permit to allow for a dwelling unit within the existing
Securelock Self Storage facility (persaud)
Harry Persaud explained that when the original SUP was approved for this facility
it was for an office building. The manager would like to add living quarters for
an additional on-site manager. Councilmember McCourry expressed his concern
that, if approved, this had the potential of having others living in the rental spaces.
City Attorney Bob Hager advised the site plan approyal is limited to the specific
area in question and not the entire facility.
Mayor Dillard opened the public hearing at 10:28 p.m. and with no one wishing to
speak, closed it at 10:29 p.m.
Motion to approve-Schrag; second by McCourry; motion passed with all ayes.
3.5 Discuss and consider approval of a resolution adopting the
Telecommunications Volunteer Policy as amended (Koo)
Finance Director Rebecca Koo advised this item is the result of a directive from
the council to reduce overtime in the LT. budget. This amended policy allows
volunteers to videotape and broadcast city council and P&Z meetings.
Motion to approve-McCourry; second by Marks; motion passed with all ayes.
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3.7 Consider approval a resolution authorizing the use of city owned property
(Five Star) for a circus (Nelson)
I Parks and Recreation Director Pam Nelson advised the council this request is for
the purpose of using the Five Star complex for a circus on November 9,2004. It
would be located south of the south parking lot. Dale Douglas of the Knights of
Columbus, sponsors of the circus, was present to answer questions. He advised
the only time elephants would be on the grounds is during feeding. He added that
arrangements will be made to install a water meter so they can pay for the
approximately 3,500 gallons of water that will be needed.
Motion to authorize the city manager to execute a license to use the facility- Harris;
second by McCourry; motion passed with all ayes.
3.6 Discuss implementing a mosquito abatement program and related funding
issues (Nelson)
Pam Nelson explained to the council that it is unknown how effective the current
mosquito treatments the city is doing are. She said there is approximately fifteen
thousand dollars left this year in the Chemical Applications account, and asked if
the council would consider encumbering that amount to the next budget year to
possibly implement a contracted mosquito abatement program. Mr. Mike Swan
with Mosquito Management Systems presented an informational program to the
council and further explained how his company would approach mosquito
I abatement. Ms. Nelson explained that the city would be required to advertise for
bids if the council desired to pursue a more thorough program of this type. She
also stated that no mosquito abatement programs are available through Denton
County.
Motion to approve funding for a mosquito abatement program and authorize
encumbering this year's remaining funds until next year- McCourry; second by
Ward; motion passed with all ayes.
Mayor Dillard called for a recess at 11:06 p.m. and the meeting was reconvened at
11:15p.m.
3.2 Discuss and consider approval of an ordinance approving the revised budget
for the fiscal year 2003-2004 and adopting the budget for the fiscal year
beginning October 1, 2004 and ending September 30, 2005 (Koo)
Rebecca Koo stated that as a result of the city council's three work sessions this
budget does include nine new public safety personnel. She also reviewed the
dollar amounts budgeted in the VarIOUS funds. Councilmember Schrag
commented that he is uncomfortable drawing down the city's reserve funds by
nine days [to fund new public safety personnel], and would prefer the city wait
until there's a successful transfer at Hidden Cove Park and then use three days of
I the reserve. Ms. Koo responded by saying that the nine new positions won't be
filled until after January 1, 2005, and that the number of days is reduced to six
rather than nine. Councilmember Harris suggested that the budget process be
started six months earlier next time. Councilmember Marks stated that the
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September 13, 2004
council did what the people wanted [adding fire and police personnel] but
believes we should start on next year's budget now.
Motion to approve- Bayliss; second by Marks; motion passed with all ayes except for
Schrag who voted no.
3.3 Discuss and consider approval of an ordinance to adopt the City of the
Colony tax rate of $ .78 cents per $100 valuation for fiscal year 2004-2005
(Koo)
[Previously published legal notices regarding this tax rate require the City Council
to yote on the advertised tax rate of $ .78 cents]
Motion to reject the previously discussed tax rate of not to exceed $.78 cents- Harris;
second by Marks; motion passed with all ayes.
3.4 Discuss and consider approval of an ordinance to adopt the City of the
Colony tax rate of $ .72 cents per $100 valuation for fiscal year 2004-2005
(Koo)
Citizen Input
Don Brody- suggested the council and city manager control the department's
budget, and keep money set aside for unexpected expenses.
Jeff Connelly- thanks the council for all their hard work.
Motion to approve-Marks; second by McCourry; motion passed with all ayes.
And with no further business to discuss the meeting was adjourned at 11 :35 p.m.
APPROVED:
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