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Home My WebLink About11/15/2004 City Council ,- 008079 November 15,2004 MINUTES OF REGUALR SESSION OF COUNCIL I HELD ON NOVEMBER 15, 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 15th day of November 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-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: 11.0 I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order I Invocation - Pastor Joel Watson, Colony Park Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Thelva Balkus advised that Scout Troup 1001 were in attendance to observe. Announcement of upcoming civic events and activities 1 David Swain with Parks & Recreation announced city sponsored Christmas related activities are scheduled on December 4, 2004. Allen Harris announced a nativity exhibit scheduled for December 3 & 4, 2004 at the Church of Jesus Christ Latter Day Saints. I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meeting held November 1, 2004 (Wilson/Denton) 2.2 Consider approval of a resolution authorizing the purchase of scoreboards for Five Star athletic fields (Nelson) 2.3 Consider approval of a resolution authorizing the city manager to sign an amendment to the SBC contract for upgrade of data and phone lines (Koo) I I These items are strictly public service announcements. No action taken and no direction given regarding these items. 1 008060 November 15,2004 2.6 Consider approval of a resolution authorizing the city manager to execute a contract for improvements to the Office Creek Pump Station (Scruggs) Motion to approve above consent agenda items- McCourry; second by Schrag; motion passed with all ayes. The following consent agenda item was pulled for discussion by Mayor Dillard. Two citizens, Richard Kuether and Joyce Fulco, requested information from the council on the status and results of the GroupBaronet project. 2.4 Consider approval of an ordinance amending the 2003-2004 municipal budget for a transfer from the hotel/motel tax fund for the previously approved contract with GroupBaronet (Koo) Mayor Dillard advised that council did not have the answers to the citizens' questions but staff would follow up and get back to them. Councilmember McCourry explained that this item is for payment of a previously approved contract and not an additional expense. Motion to approve- McCourry; second by Ward; motion passed with all ayes. The following consent agenda item was pulled for discussion by Councilmember Harris. 2.5 Consider approval of an ordinance amending Chapter 19 of the Code of Ordinances establishing speed limits on two segments of Memorial Drive (Scruggs) The question was raised of how the recommended speeds were determined. City Engineer Gordon Scruggs explained that a traffic study was done to determine the speed limits. He also added that Memorial between Standridge and Main should be open in two to three weeks. Motion to approve- Harris; second by Bayliss; motion passed with all ayes. 13.0 I REGULAR AGENDA ITEMS I 3.1 Public Hearing regarding roadway impact fees, capital improvements plan, and land use assumptions and possible direction from council regarding same (Persaud) Planning Director Harry Persaud reviewed with council the service area locations and added that, based on the direction from council during a recent council work session, he is presenting three options for consideration. He turned the meeting over to Aaron Nathan with Kimley Horn who reviewed what impact fees are and how they are calculated. The Mayor opened the public hearing at 7:25 p.m. and closed it at 7:25 p.m. with no speakers. _....~- Councilmember Harris stated he liked option number one with a modification decreasing the percentage applied to the SH121 corridor to ten percent for office development. Councilmembers McCourry and Bayliss agreed but also stated retail should be included. The question arose whether the changes being proposed 2 "..... ~-~,-~ ,,- -. OU3U81 November 15,2004 in the impact fee amounts would affect development in progress. City Attorney Bob Hager said that fees are assessed at the time of platting and collected at the I time a building permit is issued. Motion to go with Option One with the modification of general office and retail being reduced to ten percent- Harris; second by McCourry; motion passed with all ayes. 3.2 Public Hearing and discuss and consider approval of an ordinance amending Appendix A Zoning Section 10-300 regarding the definition of bar, lounge, or tavern (Persaud) Harry Persaud advised the council the reason for bringing this item forth is due to the city's definitions in the zoning ordinance being inconsistent with the State's. Planning & Zoning felt changing our zoning guidelines would negatively impact the restaurant business and therefore did not recommend making a change. Harry told the council it would require a three-fourths vote to approve the change. Bob Hager added that existing businesses would not be affected, and that the purpose is only to reduce confusion for new businesses. Mayor Dillard opened the public hearing at 7:35 p.m. Jeff Connelly said he supports the decision of Planning & Zoning and encouraged the council to vote no. Todd Dundas said if changed then some restaurants in I town could no longer be called restaurants, and that he felt there would be no benefit to the city to change the zoning ordinance. Public hearing was closed at 8:44 p.m. Motion to deny and to accept the recommendation of Planning & Zoning- Harris; second by Ward; motion passed with all ayes. 3.3 Discuss and consider a resolution authorizing the city manager to execute an Engineering Services Contract with Freese and Nichols to develop a separate storm water utility fee for the Indian Creek watershed (Scruggs) This study is to determine if a separate storm water utility fee for the area is warranted. City Engineer Gordon Scruggs advised the council that the developer (Billingsley) for the Austin Ranch area south of SH121 wants to proceed with the study as soon as possible, per the developers agreement they have with the city. The agreement states that if the council does not approve a separate storm water utility, then fifteen thousand dollars of the cost of the study will be refunded to the city by the Billingsleys. If approved, then the utility fund will pay for the study. It was noted that if a separate storm water utility is established for the Indian Creek Watershed, it most likely will have to be reviewed again as the area I develops. Councilmember Marks noted that this study will provide information on the area that the city needs to know. Motion to approve- McCourry; second by Ward; motion passed with all ayes. 3 008062 November 15,2004 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. This item not addressed. B. City Council shall convene into a closed executive session pursuant to Section 551.074(a)(1) concerning personnel matters pertaining to the appointment of an additional alternate Municipal Court judge. Reconvene to Open Session 4.2 B. Any action as a result of executive session regarding appointment of alternate Municipal Court judge. Motion to approve Jennifer Barnett as an alternate municipal court judge- Marks; second by Schrag; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 8:22 p.m. APPROVED: , 81£ J 00 Dillard, Mayor ity of The Colony ATTEST: ~~Ci(:¿~~ 4 ~--~,