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HomeMy WebLinkAbout08/08/2005 City Council 00821(~ August 15, 2005 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON I August 15, 2005 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 15th day of August 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 Absent (Business) Kirk Mikulec Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with six council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order I Invocation - Friendship Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations-National Payroll Week- Mayor Dillard presented the proclamation to Charmayne Crowe, Payroll Analyst for the city. Also present was former Payroll Supervisor Jackie Carroll. Citizen Input- Louise Henning told the council she is a volunteer at the SPCA. She said she wants to start her own shelter and that she is looking for help from the city with obtaining the land. City Manager Dale Cheatham will contact her regarding this. Announcement of upcoming civic events and activities ] - Mayor Dillard asked Public Works Director Steve Eubanks to update the council on the traffic issues on S.H. 121 today. He said that TXDot did not have the lights along S.H. 121 timed properly today, which caused great delays for citizens exiting our city. He said that after they were worked on, the p.m. traffic movement was much improved. Steve also said that from Blair Oaks, only a right hand turn onto 121 (westbound) can be made due to the construction. Additionally, next weekend, the westbound traffic will be shifted to different lanes in order for the 121 construction to continue. Mayor Dillard announced that the Moving Wall will be displayed in The Colony in December. He also thanked Wal-Mart for their I I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 OU8~1,,) August 15,2005 generous donations to the police and fire departments, library, and the senior center. He added that item 3.2 on this agenda is regarding the Master Plan and not construction ofS.H. 121. 12.0 I CONSENT AGENDA 1 2.1 Consider approval of minutes of council meetings held August 1st and August 8th, 2005 (Wilson) 2.2 Consider approval of council expenditures for the month of July (Council) 2.3 Consider approval to reject bids for Office Creek SCADA system improvements and re-bid with amended specifications (Scruggs) 2.6 Consider adoption of a resolution expressing official intent to reimburse costs of projects (Koo) 2.7 Consider approval ofinter-fund transfers (Koo) 2.8 Consider approval of an ordinance accepting CoServe's rate case expenses (Sparkman) 2.10 Consider approval of filtering Internet web sites on all Library public access computers (Council) 2.11 Consider taking no action on installation of a sidewalk on a vacant lot near 5901 Cypress Cove [tabled from July 25, 2005] (Council) Motion to approve above consent agenda item- Schrag; second by Marks; motion passed with all ayes. Councilmember Harris asked that item 2.4 be pulled from the consent agenda for separate discussion. 2.4 Consider approval of a resolution authorizing the city manager to sign an engineering services change order to a contract with Halff & Associates, Inc. for Memorial Drive from Paige to Worley (Scruggs) Councilmember Harris asked City Engineer Gordon Scruggs what the reasons were for the right-of-way denial and changing the width of the walking path from 10' to 8'. Gordon stated the city was unable to obtain right-of-way for approximately 300' along the proposed Memorial Drive transition, and for a 16" waterline east of Worley. The plans need to be revised to modify the project. He also said the parks department requested the walking path width be reduced to lower construction costs, and the irrigation plans were modified accordingly. Councilmember Schrag confirmed with Gordon that the property owner will give the city right-of-way for another part of Memorial and suggested a letter be sent to secure that agreement. Motion to approve- Schrag; second by Harris; motion passed with all ayes. Mavor Dillard that items 2.5 and 2.9 be pulled from the consent agenda for separate discussion. 2.5 Consider approval of an ordinance adopting the National Incident Management System (NIMS) as required by the State for grant eligibility __n... _ (Nolan) 2 OU8~.Jl, ~;.... .:': August 15,2005 Mayor Dillard said he wanted to clarify that the state is requiring this resolution in order to be eligible for future grant funding from the state and the Department of I Homeland Security. Motion to approve- Mikulec,. second by Ward; motion passed with all ayes. 2.9 Consider approval of holding the first regular session of council in September on Tuesday, September 6, 2005 (Cheatham) Mayor Dillard explained that the first Monday in September falls on Labor Day so the council plans to meet on Tuesday, September 6,2005. Motion to approve- Marks; second by Ward; motion passed with all ayes. 13.0 I REGULAR AGENDA ITEMS I 3.1 Conduct a public hearing on the proposed municipal budget for 2005-2006 (Koo) Finance Director Rebecca Koo reviewed with council the 3.22 percent increase in the certified tax roll. She stated that staff presented a balanced budget for council to consider, which maintains the current tax rate of $.72. The total General Fund budget is $17,205,462, and includes seventy-four days of rainy day funds, a cost of living increase for employees and five new positions for animal control beginning in December of 2005. The Utility Fund budget is $9,913,323, which I includes a proposed rate increase of 9.75 percent, sixty-one days of rainy day funds, a cost of living adjustment, $17.5M in debt service, a 10 percent increase for Dallas Water Utilities, and one new position. Mayor Dillard opened the public hearing at 7:30 p.m. and closed it at 7:31 p.m. with no one wishing to speak. Mayor Dillard thanked the staff for their hard work on the budget. Councilmember Marks asked whether there are any new firefighters funded in this budget. City Manager Dale Cheatham advised there are not, but that there is $25,000 budgeted for live fire training. 3.2 Conduct a public hearing with the Planning and Zoning Commission on a proposed amendment to the Comprehensive Land Use Plan to adopt a State Hwy 121 Corridor Master Plan and consider adoption of such amendment and Plan (Bateman) [P&Z members in attendance were Deville Hubbard, Marlene Milsak, Brian Wade, Jeff Connelly, and Deborah Morrison.] The Planning and Zoning Commission Chair Brian Wade called the Special Session to order at 7:35 p.m. Consultant Larry Reichhart with Spring Brook Planning Group stated the document proposed will provide direction for future I growth along S.H. 121. He read the Vision Statement and briefly reviewed the Goals. He discussed desired and undesired land uses and reviewed an implementation plan. He added that a comprehensive plan is not a zoning document. Also, he included on the study area map some land adjacent to The Colony city limits that he suggests the city try to annex. Councilmember Schrag 3 OOH:.!-~ ; August IS, 2005 confirmed this is an "advisory" document. City Attorney Bob Hager clarified that an ordinance will be adopted to implement this new master plan. The actual zoning process will follow. Mayor Dillard opened the public hearing at 7:45 p.m. and closed it at 7:46 p.m. with no one wishing to speak. Commissioner Hubbard asked how a Public Improvement District is implemented. Bob Hager explained that, for instance, common landscaped areas would have maintenance fees assessed to the businesses and the city would implement them. Commissioner Connelly asked how the Trails inclusion would benefit the economy of the city, or whether it is a quality of life issue. Larry suggested that perhaps if there were a recreational area in the area ofS.H. 121 it would be beneficial to the citizens to have it linked to the rest of the city as well as the lake. Motion to approve- Commissioner Connelly; second by Commission Milsak; motion passed with all ayes. Planning and Zoning meeting adjourned at 7:55 p.m. Mayor Dillard confirmed that the approval includes the land in other city limits, as shown on the study area map. Councilmember Schrag asked whether specifics such as transportation, utilities, housing, etc. should be addressed now, or whether that comes later. Bob Hager advised the plan can be modified later to include such items, and be addressed during the zoning process. Donna Bateman said she contacted the city of Lewisville to acquire a copy of their master plan but has not received one yet. She advised she will pursue Lewisville to release the adjacent properties. Motion to accept the S.H. 121 Corridor Master Plan as presented- Marks; second by Mikulec; motion passed with all ayes. 3.3 Discuss and consider approval of site plan for High Performance Auto Spa, being a 1.13-acre tract situated in the B.B.B and C.R.R. Survey, Abstract No. 173. The subject tract is located on the east side of Main Street north of Dailey Drive and south of South Colony Drive [tabled August 1,2005] (SP05- 011, Bateman) Donna Bateman reviewed the previously submitted site plan and said that some trees had been added south of the vacuum bays. Additionally, the developer proposed to move the curb and landscaping toward the east, away from F.M. 423, by seven feet in anticipation of the future widening of F .M. 423. Gordon Scruggs advised the council that drainage from the washing area is consistent with the city's storm water drainage system. Vincent Jarrard, site plan applicant, advised that the rinse water will run into a catch basin and will be deposited into the wastewater system. Discussion followed regarding the types of trees that will be planted along F.M. 423. Mr. Jarrard stated they will use all evergreen in that area if desired. Donna summarized the agreed upon changes. They include landsca~ing to the south of the vacuum bays, additional landscaping as revised on July 6t , curb and landscaping along F .M. 423 will be moved toward the east by 7', and the trees along F .M. will be all evergreen. 4 008:21., ~- August 15,2005 Motion to approve per the stated conditions- Schrag; second by Ward,. motion passed with all ayes exceptfor Harris who abstained. I 3.4 Discuss and consider approval of a resolution authorizing the city manager to sign a construction change order to a contract with Gracon Construction for phosphorous removal at the Stewart Creek Wastewater Treatment Plant (Scruggs) Gordon Scruggs told the council that TCEQ issued a permit for the wastewater treatment plant for a capacity of 3.5 mgd with the city being able to increase capacity in the future when needed. When the capacity increases the permit will impose a 1.0 milligram per liter limitation for phosphorous. In anticipation of the future phosphorous limitation, the city initiated a modified design. The city reached an agreement with Gracon Construction for construction of the improvements. Also included in the change order are building up the roof and re- construction of the mansard roof for the Filter Building, changes in the electrical system at the UV Structure, metal deck replacement on the Belt Press Building, and a credit for deletion of the fire alarm system in the Filter Building. Gordon advised the alarm system is not a needed item. Motion to approve- Harris,. second by Mikulec; motion passed with all ayes. 3.5 Discuss the proposed 2005-2006 tax rate of $.72 cents per $100 valuation for I the taxable value of all property real and personal, located within the City of The Colony, take a record vote and schedule public hearings for August 29 and September 6, 2005 (Koo) Rebecca Koo advised the council that the proposed tax rate is 72 cents, the effective tax rate is 70.262 cents, and the rollback tax rate is 74.679 cents. She added that public hearings on the tax rate are planned for August 29, 2005 and September 6,2005. Motion to approve the proposed tax rate- Harris; second by Schrag; Aye votes were cast by Dillard, Harris, Ward, Mikulec, Schrag, and Marks. 3.6 Discuss and consider approval of transfer of water and sewer impact fees to debt service utility fund and to specific water and sewer projects (Johnston) Assistant City Manager Tony Johnston advised the council that the impact fee funds for water and sewer have accumulated to $1,200,000 and $2,200,000 respectively. These funds are to pay in increased capacity improvements to their assigned utility system. These dollars need to be used before a ten-year window closes, and will provide relief to our funding capacity for our current and future water and sewer projects. Tony advised he consulted with legal counsel and I engineers from Kimley-Horn who specialize in impact fees, and is requesting the following transfers take place within this budget year: 1) Transfer $456,750 of water impact fees to the Wynnwood project for partial payment relating to the engineering needed for the project. 5 00821" August 15,2005 2) Transfer $lM of sewer impact fees to the Office Creek wastewater plant project as partial payment for the third phase (Phase IIA) of improvements. 3) Allocate $300,000 of water impact fees for utility debt service. 4) Allocate $322,000 of sewer impact fees for utility debt service. Councilmember Marks confirmed with Tony that these funds can be used for infrastructure repair. Motion to approve- Schrag; second by Ward; motion passed with all ayes. 14.0 I EXECUTIVE SESSION I 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS 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. Council shall convene into closed executive sessions pursuant to Section 551.071(2) of the TEXAS LOCAL GOVERNMENT CODE to consult with attorneys to seek legal advice concerning a contract between the City of The Colony and Billingsley Corporation regarding the development of Austin Ranch. C. Council shall convene into closed executive session pursuant to Section 551.071 (2) of the TEXAS LOCAL GOVERNMENT CODE to consult with the city attorney regarding acquisition of Kruger Lane utility easements. D. Council shall convene into a closed executive session pursuant to Section 551.074 (a)(I) of the TEXAS LOCAL GOVERNMENT CODE to deliberate the appointment, employment or duties of a public officer or employee to wit: Municipal Court Judge. Council convened into Executive Session at 8:52 p.m. Council reconvene to Open Session at 10:12 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. No action. B. Any action as a result of executive session regarding contract between the City of The Colony and Billingsley Corporation regarding the development of Austin Ranch. No action ------ C. Any action as a result of executive session regarding acquisition of Kruger Lane utility easements. 6 o U H21:.) August 15,2005 Motion to approve Resolution No. 05-72 in connection with item 4.2C- Schrag; second by Harris,. motion passed with all ayes. I D. Any action as a result of executive session regarding appointment, employment or duties of Municipal Court Judge. Motion to enter into a contract with Deanna Burnett for Municipal Court Judge- Harris; second by Ward; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 10: 15 p.m. APPROVED: 'S? ATTEST: I I 7