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HomeMy WebLinkAbout11/07/2005 City Council November 7, 200S MINUTES OF REGULAR SESSION OF COUNCIL I HELD ON NOVEMBER 7, 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 7th day of November 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 (Arrived 7:02) 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 -Councilmember Perry Schrag Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations - The Municipal Courts Week proclamation was presented to Judge Deanna Burnett and Court Administrator Patti Ristagno. Also recognized were Emily Palmer, Rosa Pena, Michelle Farmer and Court Bailiff Sandi Richards. Wall That Heals proclamation was also read by Mayor Dillard. Citizen Input - Jeff Connelly spoke in reference to a letter to the editor of the Courier-Leader written by Councilmember Schrag regarding the new Civic Center and related funding. Mr. Connelly asked that Mr. Schrag's allegations that the 4B board was coerced into funding this project be investigated and the result of the investigation publicized. Don Brody stated his concern over going forward with the Civic Center, asking if there is enough money to do the streets and the new fire station. If not, then he said to wait on the Civic Center. A. Ramakrishnan restated his request from an earlier email that the drainage easement at his property is improperly designed. Dale Douglas spoke about his new shoes collection program for needy children scheduled for December 3rd. He said there are donation boxes and money collection canisters around the city, and challenged the city council members to donate. Christi Martin of the Lakeside Arts Foundation told the council that the haunted house fundraiser resulted in I $2,500 toward the Civic Center project. She added that she's checked out other places in town to hold events and the options are limited and too expensive. 1 November 7,2005 Announcement of upcoming civic events and activities 1 - Mayor Dillard announced the annual Volunteer Banquet scheduled next week for the board members. He announced a public meeting being held by TxDOT on November 16th, 2005 at The Colony High School for people to get information and give input on the widening ofF.M. 423. 12.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held October 17, 2005 (Wilson) 2.2 Consider approval of canceling the November 21, 2005 city council meeting (Council) 2.5 Consider approval of a resolution authorizing the mayor to sign an Interlocal Agreement with Denton County for Library services (Sveinsson) 2.6 Consider approval of a resolution authorizing the mayor to sign an Interlocal Agreement with Denton County for fire protections services (Nolen) 2.7 Consider approval of a resolution authorizing the mayor to sign an Interlocal Agreement with Denton County for ambulance services (Nolen) 2.8 Consider approval of a resolution adopting the city's Investment Policy (Koo) 2.9 Consider approval of a resolution adopting the city's Financial Management and Debt Management policies dated November 1, 2005 (Koo) Motion to approve the above consent agenda items- McCourry; second by Marks,. motion passed with all ayes. Items 2.3 and 2.4 were pulled for separate discussion bv Councilmember Schrag. 2.3 Consider approval of an ordinance denying Atmos Energy annual GRIP Rate Increase (Sparkman) 2.4 Consider approval of a resolution requiring Atmos Energy to show cause regarding the reasonableness of existing natural gas distribution rates (Sparkman) Councilmember Schrag asked if the costs of the legal proceedings of these two items can be passed on to the customers by Atmos. City Attorney Bob Hager advised that most of the costs can be passed on. Motion to approve items 2.3 and 2.4- Schrag; second by Harris; motion passed with all ayes. Mayor Dillard advised that the regular agenda items would be addressed out of order from the posted agenda. 1 These items are strictly public service announcements. No action will be taken and no direction will be given ---'" regarding these items. 2 November 7, 200S 13.0 I REGULAR AGENDA ITEMS I I 3.6 Discuss and consider approval of a resolution amending the previously approved Master Fee Schedule providing for changes to the Senior Center activity and facility use fees (Nelson/Sprinkle) Pam Nelson advised that five options have been prepared for council consideration as follows: Option A- leave as is at $10 for residents and $20 for non-residents (per year) Option B- changing the usage fee to $5 per year for residents and $25 per year for non-residents Option C- no cost for residents and $20 for non-residents Option D- PARD bus usage fee includes various scenarios Option E- no fees for residents or non-residents this budget year Pam added that Option D is for usage of the city bus only because on some trips a charter bus is used (provided by the Casinos so no cost except a gratuity is involved.) Councilmembers Harris and McCourry stated they are in favor of Option E, and Councilmember Mikulec said he prefers Option C. Citizen Sue Walden, who is president of the Senior Citizens group, asked how the I fees will be kept track of. She added that she agrees that the cost of trips should be paid for by those going, but added that some will likely drop out (non- residents). Don Brody added that he goes to the center in Carrollton and all he pays is $5 per year, the same as the Carrollton residents do. He said that the trip fees should cover all costs involve. Allyson Sprinkle of the Senior Center said that at present, trip participants only pay for the activity, not for the driver's pay or the gas. Motion to accept Option E for this budget year, also to direct staff to work on policies and procedures for next budget year, and also that the staff and director work to ensure that trips taken on the city bus are self sufficient as far as costs- Harris; second by Schrag; motion passed with all ayes. 3.5 Discuss and consider approval of a resolution authorizing a fuel surcharge and franchise fee increase at the request of IESI (Gilman) Terry Gilman, recycling coordinator, told the council that Mike Wilson with IESI was present to answer any questions on this request. Mr. Wilson told the Council that diesel fuel has almost doubled in price and he is requesting a twenty-five cent per household adjustment (per month.) He also stated that the CPI increase in June is not covering the costs of fuel for the trucks. I Several options and amounts were discussed among Council, with most stating they don't want the city to collect any additional franchise fees associated with this fuel surcharge. City attorney Bob Hager told the council the franchise fee is a 3 November 7,2005 percentage that is included in the original contract and without amending the contract, the city has to collect them. Councilmember Schrag commented on the benchmark price of $1.75, adding that he would like it to be $2.25. Motion to approve the $.25 cent fuel surcharge with a benchmark at $2.00 per gallon, and the Council reviewing it again in six months- Marks; second by Schrag; motion passed with all ayes except for Harris and McCourry who voted no. 3.1 Conduct a public hearing and discuss and consider approval of an ordinance amending Planned Development 8. The subject property is located at 3733 Cottonwood Springs Drive, Lot 9, Block B, Stewart Peninsula Cottonwood Springs Phase I (Z05-0010, Bateman) Planning Director Donna Bateman told the Council this applicant has proposed to install a swimming pool with three feet on the east side and 4 feet on the rear of the property. She said the gas company has accepted the location and the city will require a field engineer letter regarding the fact that this location will not damage the foundation on the house. Councilmember Mikulec mentioned that this applicant paid $375 for his permit fee, whereas others in the area did not. He asked whether it could be reduced based on that fact. Mayor Dillard opened the public hearing at 8: 18 p.m. Property owner Dennis Whitaker stated his reasons for wanting the pool installed at his home. The public hearing was closed at 8 :20 p.m. Motion to approve- Harris; second by Marks,. motion passed with all ayes. Executive Session began at 8:20 p.m. I 14.0 I EXECUTIVE SESSION 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 Section 551.071 (2) of the TEXAS LOCAL GOVERNMENT CODE to consult with the city attorney regarding the Memorandum of Understanding and S.H. 121. C. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAS LOCAL GOVERNMENT CODE to seek legal advice from the city attorney concerning contracts for architectural and -,- construction manager services for the Civic Centre. D. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAS LOCAL GOVERNMENT CODE to seek legal 4 ".".__...._".~~."..."'"',"~_.'--_._."..., _. .'-'.-.' November 7, 200S advice from the city attorney regarding rezoning of Planned Development 5 I and Planned Development 9 Executive Session ended at 10:25 p.m. and a recess was taken until 10:45 p.m. Reconvene Open Session at 10:45 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. Motion to authorize the city attorney to join all necessary parties in pending litigation filed in Denton County between North Texas Municipal Water District and the City of the Colony- Harris; second by Ward; motion passed with all ayes. B. Any action as a result of executive session regarding the Memorandum of Understanding and S.H. 121. No action. C. Any action as a result of executive session regarding architectural and construction manager. No action. 3.2 Conduct a public hearing and discuss and consider approval of an ordinance rezoning Planned Development 5. The 30+/- acre property is located at the I southwest corner of the intersection of Spring Creek Parkway and S.H. 121 (SI05-0015, Bateman) Donna Bateman told Council this is a staff request as the first step to implement the new S.H. 121 Corridor Master Plan. She said this is approximately thirty acres currently zoned PD 5. The city does have the authority to change the zoning because the developer did not submit a plan within the required six months. Two notices were sent with one returned opposing the change. This zoning change will require a super-majority of the council. Mayor Dillard opened and closed the public hearing at 10:50 p.m. with no one wishing to speak. Motion to approve- Harris; second by Mikulec; motion passed with all ayes. 3.3 Conduct a public hearing and discuss and consider approval of an ordinance rezoning Planned Development 9. The 300 +/- acre property is located east and west of Piano Parkway on the south side of S.H. 121 (SI05-0016, Bateman) Ms. Bateman stated this is also a staff request. This is two tracts consisting of I approximately three hundred acres that is currently zoned PD 9. The developer did not submit a plan within the required six months therefore the city is authorized to change the zoning. Mayor Dillard opened the public hearing at 10:51. S November 7, 200S Susan Kedron representing the Maharishi Global Development Fund stated their opposition to the zoning change, as did David Humphries, Director of Property Management. City attorney Bob Hager asked Council to continue this public hearing until the next regular meeting because he has had a request for a common resolution on this matter and would like time to investigate that. Motion to continue the public hearing - Marks; second by McCourry; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution amending the previously approved Master Fee Schedule providing for a reduced fee for non-profit special events, and adopt related policy and application procedures (Bateman) Donna Bateman advised the council that anyone wanting a special event permit will fill out an application and receive a packet of information. Fees will be waived for governmental entities, and other non-profit organizations will have a 50% reduction in the required fee of $50.00. The city will notify previous applicants of the required fees. Councilmember McCourry spoke on behalf of a citizen, Joyce Fulco, who had to leave the meeting earlier. He stated she believes there should be no fee for churches, etc. Councilmember Mikulec said he preferred to keep the 50% rate, however, is in favor of a three to six month grace period. Councilmember Harris also agreed with the 50% rate. Councilmember Schrag asked about making this retroactive back to the time that the Lakeside Arts Foundation was given a waiver. Mayor Dillard advised him to request that on a future agenda ifhe so desired. Motion to approve a fifty percent reduction in the special event fee rate for non-profit organizations- McCourry,. second by Harris; motion passed with all ayes. And with no further business to address the meeting was adjourned at 11 :06 p.m. APPROVED: ~. .- 6 ,,,"'-,.._~~~~-