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HomeMy WebLinkAbout09/19/2005 City Council September 19, 2005 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON I SEPTEMBER 19, 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 19th 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 - Wally Leyerle, First Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- Emergency Preparedness Month proclamation presented to Fire Department Chief Mike Nolen. Citizen Input- Maria Minnaar-Baily addressed the council regarding the intersection of Paige Rd. and South Colony, requesting increased police presence and possibly a school zone for the Education Center Charter School that is located at that intersection. Ravi Ramakrishnam stated he has storm water collecting in his yard and also in Ridgepoint Park. He added that garbage collects in the park and ultimately ends up in the lake. Announcement of upcoming civic events and activities 1 - Mayor Dillard announced that on December 1- 4, 2005 the city is hosting the "Wall That Heals" which will be displayed in the Five Star Complex. It is a scale replica of the Vietnam Veterans Memorial in Washington, D.C. Volunteers will be needed for the event. Councilmember McCourry added that a motorcycle escort is planned for the event and to contact Dewey Fambry to participate. These minutes reflect the order in which the items were addressed and not as the agenda was posted. I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 September 19,2005 Mayor Dillard announced that Executive Session item 4.B. would be addressed that this time. The Executive Session began at 7:20 p.m. 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. Item not addressed. B. Council shall convene into a closed executive session pursuant to Section 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. Open session reconvened at 8:37 p.m. I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held September 6, 2005 (Wilson) 2.2 Consider approval of council expenditures for the month of August (Council) 2.3 Consider approval of an ordinance amending Chapter 2 of the Code of Ordinances by adding Article IV, adoption of fees and charges to provide general provisions related to the adoption of such fees and charges (Koo) 2.6 Second reading and consider approval of an ordinance amending Chapter 2, Article II of the Code of Ordinances by adding Division 5, establishing an Animal Control Advisory Board (Clark) 2.8 Consider approval of the resignation of Charles "Bunker" Hill from the Community Development Corporation Board of Directors (Council) 2.9 Consider casting a vote for Margaret Burkett, Human Resources Director to serve as the TML Region 8 representative on the TML Intergovernmental Employee Benefits Pool Board of Trustees (CheathamlBurkett) 2.12 Consider approval of a resolution authorizing the City Manager to sign a contract with QuikTrip for gasoline purchases for city vehicles (Koo) 2.14 Consider approval of a resolution reappointing Fernando Villareal as representative to Denton County Transportation Authority and Tony Johnston as alternate (Council) Motion to approve above consent agenda items- Schrag; second by McCourry; motion passed with all ayes. Councilmember Marks pulled items 2.4 and 2.5 from the consent agenda for separate discussion. ,-- 2.4 Consider approval of a resolution adopting a master fee schedule (Koo) 2 -" September 19, 2005 Councilmember Marks stated he received several phone calls from citizens about I the Parks & Recreation fees being increased for local residents but not for non- local. Councilmember Harris added that there seemed to be a discrepancy on the Senior Center fees from what had been discussed previously. City Attorney Bob Hager told the council that the Master Fee Schedule is being adopted by resolution and can be amended at a later date. Also, the previously approved item 2.3 removed the existing fees from the Code of Ordinances and this item needs to pass to have fees in effect. City Manager Dale Cheatham added that the budget item later in the agenda is dependant upon this fee schedule. Motion to approve with the understanding this item will be on the next agenda for further discussion- Harris; second by Schrag; motion passed with all ayes. Councilmember Ward pulled item 2.11 from the consent agenda for separate discussion. 2.11 Consider approval of a resolution declaring the city council's support of the Texas Department of Transportation design criteria for F.M. 423 (Dillard) Councilmember Ward stated this is very important to expedite. Motion to approve- Ward; second by Harris; motion passed with all ayes. 2.5 Consider adopting a revised Senior Center Policy and Procedure Manual I (Nelson) Councilmember Marks requested a typo in the first sentence on the first page be corrected. Motion to approve- Marks; second by Harris; motion passed with all ayes. Councilmember Harris pulled items 2.7 and 2.10 from the consent agenda for separate discussion. 2.7 Second reading and consider approval of 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) Councilmember Harris requested additional information be included in the ordinance regarding plumbers' requirements. City Engineer Gordon Scruggs advised it has been added. Motion to approve- Harris,. second by Mikulec; motion passed with all ayes. 2.10 Consider approval of a resolution authorizing a contract for financial I support for PediPlace to subsidize the cost for services provided to The Colony residents (Dillard) Councilmember Harris stated that other non-profit groups have offered assistance [to The Colony residents] without grant money from the city and suggested that 3 September 19, 200S criteria be established for grant recipients before money IS provided. Councilmember Mikulec agreed with Councilmember Harris. Mayor Dillard said that a contract for servIces IS required. He then read the resolution. Councilmember McCourry requested 0-18 years of age be stipulated for services rendered. Motion to approve- Ward; second by Marks,. motion passed with thefollowing vote: Aye- Dillard, Ward, McCourry, Schrag, Marks No- Harris, Mikulec Councilmember Mikulec pulled item 2.13 from the consent agenda for separate discussion. 2.13 Consider approval of a resolution authorizing the city's participation in the Assistance to Firefighter Grant Program (Nolen) Councilmember Mikulec commended Chief Nolen for his efforts in obtaining this grant. Motion to approve- Schrag; second by Mikulec; motion passed with all ayes. 13.0 1 REGULAR AGENDA ITEMS I 3.1 Discuss and consider approval of an ordinance approving the revised budget for the fiscal year 2004-2005 and adopting the budget for the fiscal year beginning October 1,2005 and ending September 30, 2006 (Koo) Finance Director Rebecca Koo summarized the highlights of the new budget. She noted that the certified tax roll increased by 3.22 per cent. The city will maintain the current tax rate of $.72 cents, with the total general fund budget being $17,205,462.00, and the total utility fund budget being $9,913,323.00. Citizen Jeff Connelly voiced his opinion in favor of reducing the tax rate, and the number of fund balance days. He added that the city would attract more businesses and residents with a lower tax rate. Councilmember McCourry responded by saying that the city has used a sound practice in the past and would rather operate in a fiscally safe environment. Motion to approve- McCourry; second by Mikulec. Further discussion included the amount of savings by reducing the Library's operating hours, which is $12,000.00. Mayor Dillard advised that after a period of time the Library hours and the proposed fee schedule can be modified. Motion passed with all ayes. 3.2 Discuss and consider approval of an ordinance adopting the City of The - Colony tax rate of $ .72 cents per $100 valuation for fiscal year 2005-2006 (Koo) 4 September 19, 2005 Rebecca Koo told the council that the proposed tax rate is $.72 cents. She also advised that all required public hearings have been held. I Councilmember Marks read the following required motion for adopting the tax rate: "I move that property taxes be increased by the adoption of a tax rate of $.72 cents."- Marks; second by McCourry; motion passed with the following vote: Aye- Dillard, McCourry, Mikulec, Schrag, Marks No- Harris, Ward 3.7 Discuss and consider approval of an amendment to 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 (Z05-0006, Bateman) Donna Bateman reviewed with the council that at the last council meeting the minimum lot size and maximum lot coverage had been approved, and what remains is the side yard set back. Since the last council meeting the property has been surveyed and the meets and bounds are now resolved. She added that the surveyor worked with the house plans to determine the best location on the lot that would offer similar set backs on both sides. What is being proposed now for I set backs is different from the previous presentation. She added that the property must be re-platted before a building permit can be issued. Councilmember Harris stated his concern about other property owners complying with the regulations of side yard set backs [and the city not requiring the same for this home]. Councilmember Mikulec also expressed this concern. Bob Hager told the council that the ordinance for this amendment will be prepared for the next council meeting consent agenda. Motion to approve- Marks; second by Ward; motion passed with the following vote: Aye- Dillard, Ward, Schrag, Marks No- Harris, McCourry, Mikulec 3.6 Discuss and consider approval of a site plan for Century Bank. The 0.8255 acre tract is located at the northeast corner of South Colony Boulevard and Main Street (SP05-0012, Bateman) Donna Bateman told the council this site plan involves removal of the existing building on the site, that access includes two curb cuts, that the landscape requirements have been met and that Planning and Zoning recommends approval. I City attorney Bob Hager told the council that he has some concerns with the former gas station tank storage and requested the council table this item until we receive the TCEQ report. Joel Miller with Century Bank advised they will be 5 September 19, 2005 leasing the property are not the owners therefore not responsible for the fuel tank Issues. Motion to table until TCEQ report is available- Harris; second by McCourry; motion passed with all ayes. 3.5 Discuss and consider approval of an ordinance amending Chapter 6 Article II of the Code of Ordinances regarding abandoned signs (Bateman) Donna Bateman stated this request comes from Code Enforcement as a result of businesses closing and leaving their signs. A time frame of sixty days for removal is included in the ordinance. Councilmember Harris stated he prefers ninety days, and Councilmember Mikulec stated he thinks sixty days is too long. Motion to approve with sixty days- Schrag; second by McCourry; motion passed with all ayes. 3.3 Presentation by the city's Investment Advisor on refunding bonds (Koo) Item 3.3 not addressed due to the advisor not being in attendance at this meeting. 3.4 Discuss and consider action on proposed boundary adjustment with the city of Carrollton and The Colony (Dillard) Mayor Dillard stated that the Billingsleys requested some decision on this item. Councilmember Harris stated this item should be considered based on other issues and as a stand alone item should not be approved. City Manager Dale Cheatham told the council that during the work session on this matter in May 2005 the council wanted to link this to unresolved sewer issues. Councilmember Mikulec confirmed that this item was initiated by the landowners, and stated his opinion that the government makes those decisions. Councilmember Schrag made a motion to adjourn the meeting which was seconded by Mikulec. The motion was then withdrawn. Councilmember Marks stated the council shouldn't close doors to developers and that there would be no harm in re-visiting the matter later. Motion to deny the request for a border adjustment as requested by the Billingsley Corporation in Austin Ranch as presented by staff- Harris; second by Mikulec; motion failed with the following vote: Aye- Dillard, Harris, Mikulec No- Ward, McCourry, Schrag, Marks It was clarified that this vote leaves the matter open for discussion at a later time. A second motion was made. Motion to continue discussions- Marks; second by Harris; motion passed with the - following vote: Aye- Dillard, Harris, Ward, Mikulec, Marks No- McCourry, Schrag 6 September 19,2005 And with no further business to discuss the meeting was adjourned at 9:55 p.m. I APPROVED: €" I I 7 -