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Home My WebLink About10/03/2005 City Council October 3, 2005 MINUTES OF REGULAR SESSION OF COUNCIL I HELD ON October 3, 2005 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 3rd day of October 2005, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen Harris Councilmember Absent (business) Scott Ward Councilmember Present Joe McCourry Mayor Pro-tem Present 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: I Call to Order Invocation - Pastor Blackwell with Kingdom Harvest Family Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations - Mayor Dillard read a proclamation declaring Fire Prevention Week. Fire Chief Mike Nolen addressed the council and audience about candle safety. He also reviewed the history of the fire department and introduced seven members of the original Volunteer Fire Department. These past volunteers presented Chief Nolen with the first patch (1975). Citizen Input- Dale Douglas announced his plans for the upcoming shoe drive "New Shoes for Little Feet". A planning meeting is scheduled for October 6, 2005 at 7:30 at Stan's, with the drive scheduled for December 3, 2005 at the police station. He asked for volunteers to make it a community event. Ravi Ramakrishnan thanked the council for their efforts in getting the garbage problem at the Ridgepointe Park resolved. Announcement of upcoming civic events and activities 1_ Fire Chief Nolen and Police Chief Joe Clark advised the council of the readiness measures taken by their respective departments in anticipation of possible weather related problems 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. I I October 3, 2005 due to hurricane Rita. Councilmember Marks wished everyone a happy Jewish New Year. Mavor Dillard announced that items 2.5 and 3.4 were pulled from the a2enda and would not be discussed. 2.5 Consider approval of a resolution authorizing the city manager to sign a construction services contract with F &F Construction for removal and replacement of the driveway at Fire Station No.1 (Scruggs) 3.4 Discuss and consider approval of a request by Christi Martin to extend the time period to obtain a Certificate of Occupancy for the Lakeside Arts Center located at 6301-A Main Street (SI05-0019, Bateman) 12.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held September 19, 2005 (Wilson) 2.2 Consider approval of the resignation of Bill Longo from the Code Enforcement Advisory Board (Council) 2.3 Consider approval of an ordinance amending Planned Development One, providing for reductions in the maximum lot coverage, minimum lot area, and minimum side yard setback (Leary House Z05-0006, Bateman) 2.4 Consider approval of a resolution in support of a letter of intent by the CAPP - Board to enter into negotiations regarding future electrical power needs (Sparkman) 2.6 Consider approval of a resolution adopting a long-range plan for the Public Library (Sveinson) 2.7 Consider approval of a resolution authorizing the purchase of a diesel exhaust removal system to be funded from the Firefighters Grant Program (Nolen/Sparkman) Motion to approve above consent agenda item- McCourry; second by Marks; motion passed with all ayes. 13.0 I REGULAR AGENDA ITEMS I 3.1 Presentation by the city's financial advisor on refunding bonds (Koo) Finance Director Rebecca Koo told the council that the city saved $365,315.00 through this bond refunding. She introduced Boyd London with First Southwest Company who told the council that the interest rate received is four percent. He also stated the city has a bond rating of A+ with Standard & Poors. Councilmember Mikulec asked Mr. London about the sixty-day fund balance. Mr. London said that a lot of factors go into the bond rating, including consideration of the fund balance. He said that a mature city may have forty-five - to sixty days in the fund balance, while a developing city should have a minimum of sixty days, with ninety or more days being better. He said the fund balance 2 October 3, 2005 helps the city operate at a lower cost. He added that the fund balance is the city's I money to be used during an emergency, but if it gets down to thirty days then it could impact future bond ratings, unless the city has a plan in place to rebuild it. Mr. London also said the city is already doing what it needs to do to help improve its bond ratings in the future. Assistant City Manager Tony Johnston told the council that over the past ten years, the city's bonding rating has moved up three levels. 3.2 Discuss and consider approval of a site plan for Century Bank located at the northeast corner of South Colony Boulevard and Main Street (SP05-0012, Bateman) Donna Bateman told the council this is the same item as was presented at the previous council meeting, adding that it had been learned that all fuel tanks are removed from the property. She said that a full report has been provided regarding any levels of contamination in the soil. Councilmember McCourry voiced his concern about the levels of contamination being higher than TCEQ standard allowance in some places on the property. Mike Carey representing the property owner advised the tank closure report indicates acceptance by TCEQ at a Class 3 Designation, and that no remedial action is required. He added that a "no further action" letter from TCEQ could take several years, however they are expecting it within a reasonable amount of time. He asked for council approval I with the condition they provide that letter to the city within eighteen months. Citizen Mike Lynch told the council that formerly there was an auto parts store in the other part of the building and some of the contamination could be coming from there. Councilmember Schrag requested an executive session with the city attorney, which began at 8:00 p.m. Council reconvened to open session at 8:10 p.m. Motion to approve and requesting the TCEQ letter within eighteen months- Schrag; second by Marks; motion passed with all ayes. 3.3 Discuss and consider approval of a request by Christi Martin for the city to waive all future fees for the Lakeside Arts Foundation (Bateman) Donna Bateman told the council this item is to request the city waive the $50 special event permit fees for the Lakeside Arts Foundation based on the fact the foundation raises money for the city's new civic center. She recommended if the council decides to do this, they consider waiving all future fees for this foundation. Citizen Christi Martin addressed the council by saying that this is the first time they have been asked to pay the special event fee and for them to pay a fee for each event it would absorb their budget. She requested fees be waived for all civic organizations. City Manager Dale Cheatham reminded council that this I vote is only for the Lakeside Arts Foundation. 3 October 3, 2005 Motion to approve waiving the Haunted House special event fee for the Lakeside Arts Foundation- Marks; second by Mikulec; motion passed with all ayes. 3.5 Discuss and consider adjusting some fee amounts in the Fee Schedule previously approved by council on 9/19/05 (Council) Councilmember Marks suggested the council hold a work session rather than address this item tonight. The Mayor asked for a motion to that effect and there was none. Councilmember Marks then said that he realizes the adopted fees have an impact on the budget and asked if staff can make some adjustments without changing the bottom line. He is opposed to the residents being charged more than non-residents for certain fees, and asked if last year's fees could remain in effect for residents, redistributing the increases to non-residents. After considerable discussion Mayor Dillard asked each council member to summarize what he would like to see changed. Councilmember Ward- asked for practice field rental rates to be eliminated for co- sponsored and resident non-co-sponsored events, and have no senior center fees this year Councilmember McCourry- asked for no senior center fees Councilmember Mikulec- asked for non-resident senior center fees to be implemented beginning January 1, 2006, and asked for the Stewart Creek Park --- pass increases to be passed on to non-residents (Sam Fitzgerald confirmed non- resident pass is $45) Councilmember Schrag- agreed with Scott Ward's suggestion on the practice field rates, and asked for annual senior center fees to be eliminated but to increase the travel fees for seniors Councilmember Marks- no senior center fees for residents, and to adjust the fee revenue so that the bottom line is not reduced Tony Johnston reminded the council that any adjustments in revenues would affect the budget. City Attorney Bob Hager told the council that staff can bring back proposed changes to the fee schedule for council consideration but it will require a new resolution to adopt a new fee schedule. He added that changing the special event fees discussed earlier in this agenda would be incorporated at the same time. 3.6 Discuss and consider approval of a resolution authorizing the city manager to sign a construction services contract with Prime Controls for improvements to the SCADA System for water supply (Scruggs) Gordon Scruggs said this item includes previously approved items for this project. - Motion to approve- McCourry; second by Mikulec; motion passed with all ayes. 4 --- October 3, 2005 I 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 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. And with no further business to discuss the meeting was adjourned at 8:45 p.m. APPROVED: Dillard, Mayor y of The Colony ATTEST: I I s