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HomeMy WebLinkAbout09/06/2005 City Council OUH~~) . ..... j-,o'; '-.J September 6, 2005 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON I SEPTEMBER 6, 2005 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 6th day of September 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 Kirk Mikulec 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: Call to Order I Invocation- Mayor Dillard Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Mike Lynch addressed the "car lot" at the corner of East Lake Highlands and Main Street. Mozella Tyson with PediPlace told the Council about this non-profit organization and its purpose. They serve uninsured children in Denton County, including children from The Colony. She provided a handout which contained statistics and goals, as well as a request for funding. Mayor Dillard advised he would like to include this in the budget. Announcement of upcoming civic events and activities 1_ David Swain (P&R) announced a community garage sale scheduled for September 10, 2005 to benefit the victims of hurricane Katrina. Mayor Dillard gave out phone numbers for Red Cross and Salvation Army assistance, along with the websites for assistance. Kirk Mikulec said that there is a musical production, Godspell, being held this week by the Lakeside Theater. I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held August 15, August 17, and August 29, 2005 (Wilson) 1 These items are strictly public service announcements. No action will be taken and no direction will be given I regarding these items. 1 OUB~2'.~~ September 6, 2005 2.2 Consider approval of an ordinance adopting the S.H. 121 Corridor Master Plan and amending the City of The Colony Comprehensive Plan (Bateman) 2.3 Consider approval of the resignation of Bo Trosper from the Economic Development Corporation Board of Directors (Council) 2.4 Consider appointing Paul Koenig to the Economic Development Corporation Board of Directors to fill an unexpired term for Place 1 (Council) 2.5 Consider approval of a resolution authorizing the city manager to sign Resignation Election Program letters for four city employees and paying them for 750 hours of their accumulated sick leave (Cheatham) 2.10 Consider ratifying the first addendum to the Developer's Agreement with Pulte Homes executed by city manager (Scruggs) 2.12 Consider approval of an ordinance amending Chapter 10, Article V, Section 10-83(a)(I) of the Code of Ordinances to provide an exception for crops and hay from the growth height limitation of over twelve (12) inches beginning at a point of fifteen (15) feet from all property lines on parcels consisting of five (5) acres or more (Bateman) Motion to approve the above consent agenda items- Marks; second by McCourry; motion passed with all ayes. Councilmember Harris pulled item 2.6 for separate discussion. 2.6 Consider approval of a resolution authorizing the city manager to sign a construction change order to the contract with Hencie International to cover cost of additional materials for intersection improvements at Memorial and F.M. 423 (Scruggs) Councilmember Harris questioned how a mistake in quantities could have been made. City Engineer Gordon Scruggs explained that that the pavement for the median and the re-striping of the left turn lane had not been included in the original bid documents and that the engineering firm was in error. Bob Hager said he will look into whether the firm can be charged for the extra costs, however if the materials were needed anyway, it may not be possible since there are no real damages. Motion to approve- McCourry; second by Ward; motion passed with all ayes except for Harris who voted no. Councilmember Schrag pulled item 2.7 for separate discussion. 2.7 Consider approval of a resolution authorizing the city manager to sign an engineering services contract with Chiang, Patel & Yerby, Inc. for Phase I condition and rehabilitation assessment of Trinity Water Well No. 3 (Scruggs) Councilmember Schrag asked why we are removing the pump if there is no problem with it. Gordon Scruggs told him the casing needs to be inspected for leaks. He added that they plan to do this project in October or November. Motion to approve- Schrag; second by Marks; motion passed with all ayes. 2 OU8:~2,~) September 6, 2005 Councilmember Harris pulled item 2.8 for separate discussion. I 2.8 Consider approval of a resolution authorizing the finance department to issue a purchase order in the amount of $185,273.17 for the purchase of a new ambulance (Nolen) Citizen Mike Lynch asked why this did not go out for bid and what are the sixty thousand dollars in options included. Fire Chief Mike Nolen said they used BuyBoard, who had already done the competitive bidding. He added the options are there to standardize the fleet, being sure that all the city's ambulances are set up the same. He said the old ambulance this new one is replacing will be used as a Reserve Customer Service Unit. When there are structure fires it will be used to carry materials to board up windows or spread plastic. The new unit will go into rotation with other ambulances to extend the life of the unit and spread out the mileage. Motion to approve- Harris; second by Marks,. motion passed with all ayes. Councilmember Marks pulled item 2.9 for separate discussion. 2.9 Consider adopting a revised Senior Center Policy and Procedure Manual (Nelson) Councilmember Marks suggested the document be formatted more formally and I checked for typos. Motion to approve and direct staff to clean up typos and have the attorney review it then bring it back to council on September 19, 2005- Harris; second by Mikulec,. motion passed with all ayes. Councilmember Schrag pulled item 2.11 for separate discussion. 2.11 Consider approval of an ordinance authorizing a street name change for Daily/Dailey Drive to Friendship Lane as requested by Friendship Baptist Church (Eubanks) Councilmember Schrag asked if notification needs to be made to the county or EMS services. Public Works Director Steve Eubanks advised that no addresses face this street. He also said the applicant will pay for the street sign changes. Attorney Bob Hager said the city will file the ordinance with Denton County. Motion to approve- Schrag; second by McCourry; motion passed with all ayes. Mayor Dillard requested several of the Regular Session items be taken out of order. These minutes reflect the order in which the items were addressed. I 13.0 I REGULAR AGENDA ITEMS I 3.1 Conduct the second of two required Public Hearings to discuss the proposed 2005-2006 tax rate of $ .72 per $100 valuation for the taxable value of aU 3 OU8~2o September 6, 2005 property real and personal, located with in the City of the Colony and announce council meeting date of September 19, 2005 to adopt tax rate. Finance Director Rebecca Koo told the Council that this is the second of two required public hearings on the proposed tax rate of $.72 cents. The first public hearing was held on August 29,2005. The tax rate will be adopted by Council on September 19,2005. Mayor Dillard opened the public hearing at 7:50 p.m. Citizen Mike Lynch told the Council that he doesn't agree with the salary increases and that the city's streets need to be fixed. Councilmember Harris discussed the seventy-four (74) days fund balance (rainy day fund) with Assistant City Manager Tony Johnston, and added that he would like to reduce the tax rate by 1/8 cent. The reduction would result in $22,120.00 less in collected taxes. Tony Johnston told the Council that in another year the city should have more development and the resulting changes in tax rate should occur the following year. He added that the fire department is seeking grants for equipment (no guarantee) and that there will likely be additional fuel costs to manage. Ms. Koo added that following the approval of item 2.5 of this agenda (sick leave buyout for resigning employees) that the fund balance will go down to seventy-one (71) days. Councilmember Marks stated he wants to keep it at $.72 cents. His concern is for city streets and asked about funds in the upcoming budget to cover them. City Manager Dale Cheatham told him that there will be funds from the MOU funding, the SIB loan, and from savings on other capital projects. The cost for eight streets to be replaced is approximately 3.5 million dollars and includes new sewer, drainage, curbs, streetlights, etc. He asked for some direction from Council on whether to reduce the tax rate by 1/8 cent. Considerable discussion followed regarding the city bond ratings in relationship to the number of days in the fund balance. A minimum of sixty (60) days is required by the city's financial policy, and the money is invested in TxPool at the market rate. Citizen Joyce Fulco stated she has been on a waiting list for her alley repair since 2003. Citizen Steve Parson said that a reduction of $22k would not be noticeable to the property owners. Mr. Lynch suggested an election for street repairs. Mayor Dillard polled the council regarding whether to reduce the tax rate by 1/8 cent. Allen Harris said he would like to reduce it by 1/8 cent. All other council members stated they would like to keep it at $.72 cents. Mayor Dillard closed the public hearing at 8:32 p.m. 3.2 First reading and discuss an ordinance amending Chapter 2, Article II of the Code of Ordinances by adding Division 5, establishing an Animal Control Advisory Board (Clark) Police Chief Joe Clark told the council that after January 1, 2006 we would no longer have the SPCA, and that according to state law, the city must have an animal control advisory board. Mayor Dillard read the caption of the proposed ordinance. Councilmember McCourry suggested some changes to the wording in the ordinance as it pertains to the board's responsibilities and to whom they will 4 September 6, 2005 0082~: report. Chief Clark stated that the board will suggest policy changes to the council liaison but day-to-day operations of the shelter are the responsibility of I the Police Department. Further discussion with the city attorney resulted in a wording change to Section 2-260, and will be brought back to Council for a second reading at the next council meeting. 3.4 Conduct a Public Hearing and discuss and consider approval of an ordinance amending Planned Development One. The 0.157-acre tract is located northwest of the intersection of Lakeview Drive and Northshore Drive, and is legally described as the west portion of Lot A, Block 14, of the Garza Lake Estates Addition (Leary House, Z05-0006, Bateman) Donna Bateman told the council that this request is for an amendment allowing a reduced minimum lot size and side yard setback, and for a change in maximum allowable lot coverage as requested by the property owners, Rick and Rosie Leary. Donna advised that the minimum lot size is 7,000 square feet and within the straight zoning districts, there are several tracts with less than 7,000 square feet. She said the council can approve less than the minimum lot size (as requested here) but the property in question still needs to be re-platted. She also advised that the meets and bounds for this particular lot does not close so a re- survey is required. Mayor Dillard opened the public hearing at 9:05. I Lisa Langham said that she owns the adjacent lot [to the east], and the one next to that, and that she received no letter about this public hearing. Donna advised her that the most recently approved tax rolls were used for sending out the notices. Mike Lynch questioned how many other similar lots there may be. Mark Sellars, who owns the property to the west of the Leary's property, said that he had to adjust the size of his house to accommodate the city's required setbacks. The Leary's home would be against his home and would limit his view of the lake. He also said there are separate issues and should be dealt with separately. Councilmember Allen Harris questioned whether the structure could be shifted east any and Donna explained there is very little room for movement. Councilmember Joel Marks stated he doesn't think this is the council's decision, except whether to approve this house on a smaller lot. Councilmember Harris stated by modifying the city's existing standards on setbacks, it may impact another property owner who had already complied with the ordinances. He went on to say that he had no problem with the lot or house size. Kirk Mikulec said, in the interest of full disclosure, when he built his own home that he had to reduce the size of the house because of the lot size. Mayor Dillard advised the council they can approve it like it is or let the landowners work it out. Mark Sellars stated he does not think it should be left to the property owners to work it out. Donna told the council that the meets and bounds has to close before the zoning can go I through, before it can be platted and before a building permit can be issued. Rosie Leary told the council that the air-conditioned area of the house is 1,949 square feet, with a total of 2,788 with porches and garage. She said it does not block anyone's view of the lake. She said they need it close to the street because S o 0 }) ~c! ~:~'l September 6, 2005 of the slope of the yard at the back. Bob Hager advised Mayor Dillard he needed to close the public hearing, which he did at 9:40 p.m. Motion to approve the minimum lot size and maximum allowable lot coverage- Harris; second by Mikulec. Councilmember Harris clarified with the city attorney that the setbacks can be brought back to council if necessary at a later time. Mr. Hager also advised that the ordinance will come back to Council when the property description is available. Motion passed with the following vote: Aye- Dillard, Harris, Mikulec, Schrag and Marks No- Ward, Mikulec 3.3 Conduct a Public Hearing and discuss and consider approval of an ordinance amending the Code of Ordinances Appendix A Zoning Section 10-200; by amending the "schedule of uses by district" table in Section 10-200, in part, by replacing "outside sales" with "occasional sales"; by amending Section 10- 300 (16) by increasing the number of occasional sales permitted per year from two (2) to four (4) (SI05-002, Bateman) Donna Bateman told the council this item is presented at the request of a council member, explaining the request to change the number of sales from two to four per year, and that the definition of "occasional sales" is clarified. Councilmember Perry Schrag explained that a citizen made this request but he was not aware that (garage) sales could be held for longer than one day, indicating the increase in number of permitted sales was no longer necessary. Mayor Dillard opened the public hearing at 9:45 and closed it at 9:45 with no speakers. Motion to approve with the text of the ordinance changed to keep the number of permitted sales at two (2); 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 a closed executive session pursuant to Sections 551.071 and 551.072 of the TEXAS LOCAL GOVERNMENT CODE to consult with the city attorney regarding acquisition of real property and to deliberate the purchase, exchange, or otherwise determine the value of real property concerning the alignment and roadway improvement of F.M. 423. 6 o U 8 ~) IJ'j i-... t..'V '_ September 6, 2005 Reconvene to Open Session 4.2 A. Any action as a result of executive session regarding pending litigation I between the City of Frisco, North Texas Municipal Water District and the City of The Colony. Item not addressed. B. Any action as a result of executive session regarding acquisition, purchase, exchange or value of real property concerning F.M. 423. No action. 3.6 Discuss and consider approval of a resolution authorizing the city manager to sign a construction contract with Rodman Utilities L.P. for a 24 inch waterline and a 16 inch wastewater force main for Wynnwood Peninsula (Scruggs) City Engineer Gordon Scruggs advised the Council that is project is for the construction of the water transmission line and force main that will provide water and wastewater utility services for the portion of the city located on Wynnnwood Peninsula. Motion to approve- Ward; second by McCourry; motion passed with all ayes. I 3.5 First reading and discuss an ordinance amending Chapter 12 of the Code of Ordinances by adding Section 12-103A to provide for requirements for connecting to and maintenance of the city's water and wastewater systems (Scruggs) Mayor Dillard read the caption of the proposed ordinance. Gordon Scruggs explained that this ordinance clarifies that the requirements for construction, maintenance and connection to the city's water and wastewater utility systems are for the city residents as well as customers outside the city limits. Citizen Mike Lynch questioned the several references to "other ordinances". This item will be brought back to Council at the next meeting. 3.7 First reading and discuss an ordinance amending the Code of Ordinances, Chapter 10, Article III "Food and Food Establishments, by adding a new section to establish guidelines for requiring persons that come into contact with food to obtain a food handlers card (Bateman) Donna Bateman explained the proposed ordinance and how it will relate to local food establishments. She noted that it will apply to all food servers however would not affect the Senior Center since food is not prepared there. The method of training for workers is a Spanish/English video that workers would be required I to watch, then upon proof of that, the individual would be issued the food handler hard to keep. Allen Harris disagreed that the workers should pay and that it should be the responsibility of the establishment. Ms. Bateman confirmed that the restaurant would be the recipient of a citation if one was issued due to non- 7 008 .J'-, d _ t,..., t~.1 September 6, 2005 compliance. Citizen Mike Lynch noted that there are ice cream trucks in town this should apply to. Considerable discussion followed with the city attorney advising he will look at suggested revisions and bring back to the council. 3.8 Discuss and consider possible action related to some type of relief on City utility bills for residents or organizations housing hurricane Katrina refugees (Harris) Councilmember Harris asked the city attorney if there is a way the city can legally assist host homes with hurricane victims on their utility bills. Mr. Hager explained that only the "surplus amount" collected from water and sewer bonds could be eligible for reduction, and that it must be for "public purpose" issues. Council would have to document the public purpose is being served. And with no further business to discuss the meeting was adjourned at 12:00 a.m. APPROVED: Dillard, Mayor ty of The Colony ATTEST: 8