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Home My WebLink About05/16/2005 City Council May 16, 2005 MINUTES OF REGULAR SESSION OF COUNCIL I HELD ON MAY 16,2005 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:05 p.m. on the 16th day of May 2005, 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-tem 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: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: I Call to Order Invocation - Grace Community Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations - Mayor Dillard presented the Police Week proclamation to Police Chief Joe Clark and the Public Works Week proclamation was presented to Public Works Director Steve Eubanks. Citizen Input- none Announcement of upcoming civic events and activities- 1_ Mayor Dillard announced the special session on May 17th to swear in the new council members. Councilmember Harris said that Estancia Apartments will hold a Public Safety Appreciation Day on Saturday afternoon. Mayor Dillard recognized outgoing Councilmember Bayliss for her years of service to the city and presented her with I 2.0 a plaque. I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held May 2nd and 9th, 2005 (Wilson) 2.2 Consider approval of council expenditures for April (Council) I I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 May 16, 2005 2.4 Consider approval of an ordinance amending the Chapter 6 Health and --- Sanitation of the Code of Ordinances by adding Article V Rental Registration Program (Browder) 2.5 Consider approval of the purchase of a half-acre of land in Austin Ranch for a fire station (Johnston) Motion to approve the above consent agenda items- Bayliss; second by McCourry; motion passed with all ayes. Councilmember Marks asked for item 2.3 to be pulled for separate discussion. 2.3 Consider approval of an ordinance amending Chapter 2 Boards and Commissions of the Code of Ordinances by adding a council appointed Code Enforcement Advisory Board and reserving certain sections (Dillard) Councilmember Marks asked about the number of members being considered for this board, and reiterated a previous request that current committee members be assigned to this board. He also suggested that we may be able to forego the usual advertising process for board members. The ordinance as written calls for seven members, which is consistent with other boards. Attorney Bob Hager said the committee is still able to meet until the board members have been selected. Mayor Dillard asked the city secretary to provide council with copies of the applications for their review and there may be no need to interview. He suggested council meet at 6 p.m. on June 6th to make the appointments. City Manager Dale Cheatham advised there may be a conflict with another meeting at that same time. Motion to approve- Marks; second by McCourry; motion passed with all ayes. 13.0 I REGULAR AGENDA ITEMS 1 Councilmember Harris asked that item 3.5 be tabled until the June 6th meeting in order for the 4B Board to review the revised survey Questions. 3.5 Discuss and consider approval of a resolution authorizing an expenditure from the Community Development Corporation (4B) fund for a citizen survey regarding parks and recreation services (Nelson) No action. 3.1 Discuss and reconsider the two proposed routes by the Denton County Transit Authority for commuter rail lines between Denton and Carrollton, and authorize a resolution regarding the city's preference of the two routes (Dillard) Euline Brock, Mayor of Denton, addressed the council, thanking them for reconsidering their previously approved resolution, which supported the western route option. She added that the three cities funding the DCT A have met and agree to support the eastern route. Ms. Brock noted that it is critical for central Denton to be the location for the commuter rail. She also said that the residents of 2 . -_._.._..,,_._~-",,--~.>-,-------'~----- May 16, 2005 I Denton voted to give up a 12 cent ad valorem tax to support the DCT A. The city of Corinth seems to be the only city opposed to the eastern route, but that the North Central Texas College campus in Corinth does want a stop there. Fernando Villarreal, representative for The Colony on the DCT A, said that the western alignment would increase the capital costs of the project. The DCTA will vote on May 26th to decide which route will be used. He also stated that the original route through Corinth was through a residential neighborhood and that has been changed to a location parallel to 1-35. Mayor Dillard noted that The Colony has received no input from Highland Village on the matter. Further discussion followed concerning commuter rail in relation to The Colony and its future needs. Motion to approve a resolution in support of the MKT eastern route along /-35 with a spur to Highland Village, and a future eastern spur for The Colony- Harris; second by McCourry; motion passed with all ayes except for Ward who voted no. 3.2 Consider approval of an ordinance amending the Code of Ordinances, Section 12-118.1 Drought Contingency to meet requirements of the Texas Commission on Environmental Quality (Scruggs) I [Item 3.2 was on the May 2, 2005 with a tie vote, which makes the item fail according to Roberts Rules of Order. The item was resubmitted for this agenda. City attorney Bob Hager advised the council that a motion can be made to suspend the rules for this item in order for the council to reconsider. He added that there is a council resolution in place preventing items from being brought back to council except under certain circumstances. He advised the council that the city secretary researched previous tie vote items and found that historically tie vote items have been brought back on the next agenda.] Motion to suspend the rules for reconsideration of this item- McCourry; second by Harris; motion passed with all ayes. Assistant City Manager explained the differences in this amendment compared to the original ordinance from 2003. He said the drought phases have been re- defined, allowing the city to move more quickly into the volunteer rationing stage. He also stated the amendments give the city manager more flexibility to act during a drought in order to address special situations. Tony stated that some of the changes in the ordinance are to satisfy requirements of TCEQ, but some are changes city staff believes should be implemented. There is no cost to the residents for any of the changes. Discussion of the well at Five Star followed and I Tony pointed out that the well and watering the park will not necessarily be affected by the ordinance since it is not drinking water. Motion to approve- Harris; second by Marks; motion passed with all ayes except for Schrag who voted no. 3 May 16, 2005 3.3 Discuss and consider approval of a resolution authorizing a rate adjustment for IESI solid waste collection as authorized by contract (Gilman) Environmental coordinator Terry Gilman introduced Mike Wilson with IESI. Councilmember McCourry clarified with Mr. Wilson that the CPI - U will be used in the future to calculate rate increases. Motion to approve the 2% increase based on the contract terms- McCourry; second by Marks; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution authorizing a contract amendment for a temporary fuel surcharge as requested by IESI (Gilman) Mayor Dillard asked for this item to be tabled for more information. Motion to table- Marks; second by Schrag; motion passed with the following vote: Ayes- Dillard, Bayliss, Schrag, Marks Nos- Harris, McCourry, Ward Executive Session began at 8:35 p.m. --- I 4.0 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. B. The City Council shall convene into closed executive sessions pursuant to ~ 551.071(2) of the TEXAS LOCAL GOVERNMENT CODE to consult with the City Attorney to seek legal advise concerning a contract between the City of The Colony and Billingsley Corporation regarding the development of Austin Ranch. , C. The City Council shall convene into closed executive session pUrSUf.lnt to ~ 551.071(2) of the TEXAS LOCAL GOVERNMENT CODE to consult with the City Attorney to seek legal advise concerning a contract between the City of The Colony and JT's Boat Rental regarding concessions at Hidden Cove Park. D. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.072 of the Local Government Code to discuss with the city attorney potential litigation, real property deliberations and -- acquisition of property along State Highway 121 located in the central portion within the jurisdiction of The Colony. 4 May 16, 200S I Reconvened to Open Session at 10: 1 0 p.m. 4.2 A. Any action as a result of executive session regarding pending litigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. This item not addressed. B. Any action as a result of executive session regarding a contract between the city and the Billingsley Corporation regarding the development of Austin Ranch. Motion to authorize the mayor, mayor pro-tem and deputy mayor pro-tem to execute a letter proposal for improvements, border adjustments, and development contract with the Billingsley Corporation- Bayliss; second by Harris; motion passed with all ayes. C. Any action as a result of executive session regarding contract between the city and JT's Boat Rental regarding concessions at Hidden Cove Park. No action on this item. D. Any action as a result of executive session regarding potential I litigation, real property deliberations and acquisition of property along State Highway 121 located in the central portion within the jurisdiction of The Colony. No action on this item. And with no further business to discuss the meeting was adjourned at 10:15 p.m. APPROVED: ~~ ~ ()j~~ Christie Wilson, TRMC, City Secretary I S