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HomeMy WebLinkAbout09/05/2006 City Council September 5,2006 008:37d I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 5, 2006 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:05 p.m. on the 5th day of September 2006, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris John Marshall Joe McCourry Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Mayor Pro-tern Councilmember Councilmember Councilmember Present Present Present Present Present Absent Present And with six council members present a quorum was established and the following items were addressed: 2.3 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - John Marshall Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- National Payroll Week- Mayor Dillard presented the proclamation to the city's payroll analyst, Mary Langford. Citizen Input - The following citizens spoke against the city's rental registration fees and inspections that apply to apartment complexes: Kathy Carlton, Karen, Lenzini, and Jeff Hoster. Three others who did not wish to speak, Mary Golankoff, Curtis Humphreyss and Lisa Carter, also presented their objections in writing. Announcement of upcoming civic events and activities 1_ Councilmember Mikulec reminded everyone of the Sail Fair activities later this month. Councilmember Schrag is out of town on business. I CONSENT AGENDA Consider approval of an ordinance amending Chapter 10 of the Code of Ordinances by repealing and reserving Sections 10-35 through 10-49 regarding junked vehicles (SI06-0048, Bateman) Consider approval of a resolution authorizing the purchase of a new tape backup system from Sirius Corporation for the city's computer system (Johnson) I I 2.0 2.2 I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. September 5,2006 () ( ! r{,"{ ~ 2.4 Consider approval of a resolution authorizing the purchase of a Cisco Aironet 1510 Wireless Access Point, Cisco WCS 2/Location Controller, and wireless system from MTM Corporation (Johnson) Consider an ordinance amending the Engineering Design Manual Section 2.06 by adding subsection 3(a) through 3(c), providing criteria for alternative starting water surface elevation analysis for projects discharging to Lake Lewisville (Scruggs) I 2.5 Motion to approve above consent agenda items- Harris; second by McCourry; motion passed with all ayes. Councilmember McCourry asked for 2.1 to be addressed separately so absent members could officially abstain from voting. 2.1 Consider approval of minutes of council meetings held August 14 (McCourry absent), August 16 (McCourry and Marks absent), and August 21, 2006 (Wilson) Motion to approve August 14tll_ McCourry; second by Harris; motion passed with all ayes except for McCourry who abstained. Motion to approve August 16th - McCourry; second by Harris; motion passed with all ayes except for McCourry and Marks who abstained. Motion to approve August 2pt_ McCourry; second by Harris; motion passed with all ayes. I 13.0 3.1 I REGULAR AGENDA ITEMS I Conduct the second of two required public hearings to discuss the proposed 2006-2007 tax rate 71.9 cents per $100 valuation for the taxable value of all property real and personal, located with in the City of the Colony and announce council meeting date of September 18, 2006 to adopt tax rate. Finance Director Rebecca Koo stated this is the second required public hearing on the proposed tax rate of 71.9 cents per hundred dollar valuation. The effective tax rate is 69.498 cents and the rollback rate is 72.011 cents. The vote on the tax rate is scheduled for September 18, 2006 at 7 p.m. Mayor Dillard opened and closed the public hearing at 7:30 p.m. with no one wishing to speak. Mayor Dillard moved item 3.8 up in the agenda. 3.8 Discuss and give direction to staff concerning the acquisition of a backhoe, the utility rates, the tax rate, and possible changes to the budget if the tax rate is reduced further (McCourry) I Councilmember McCourry stated that he asked for these items to be discussed since he was absent from the budget work shop meeting. First he addressed the 16 percent proposed utility rate increase, adding that since the proposed budget was presented, city manager Dale Cheatham suggested an alternative of 9.75 percent increase. He then voice his objections the proposed purchase of a new backhoe, saying that by eliminating it an additional one cent could be reduced for 2 September 5,2006 water rates. Discussion among council followed regarding the scheduling of the existing backhoes that would allow for other departments to share usage more. UU8a7. I Motion to direct staff with 8.75 percent increase for water and 9.75 percent increase for wastewater- McCourry Councilmember McCourry amended his previous motion as follows: Motion to forego the $76k backhoe in order that we may lower the rates to the proposed 8.75 and 9.75 rate structure - McCourry; second by Harris; motion failed with the following tie vote: Ayes- Harris, McCourry, Dillard Nos- Marshall, Mikulec, Marks Dale told the council that a backhoe purchase would be brought to council for approval. He stated that it is possible to have the water and wastewater increases both at 9.75 percent then vote on the backhoe in the future. It was noted that officially the proposed 16 percent increase has not been changed yet Motion to use a utility rate increase of 9. 75 percent and not the originally proposed 16 percent- Marshall; second by Mikulec; motion passed with all ayes. I Councilmember McCourry stated he would like to see more of a tax rate cut than was proposed. After considerable discussion Dale advised that by eliminating the proposed $50,000.00 contingency and delaying hiring of some new personnel (amount totaling $74,000.00) the tax rate could be reduced to 71.5 cents. Motion to give staff direction to come up with the necessary cuts to get us to 71.5 cents; to make sure that we're stable with at least 64 or 65 days in the rainy day general fund balance, and come back with ideas to achieve that including the $50k contingency and $24k - Harris; second by McCourry Dale stated he is concerned that the budget is scheduled for voting on at the next council meeting, and that his suggestions may not acceptable to council. He asked for more specific direction from council as to what else should be eliminated. Councilmember Marks stated he would like a work session for all to get additional information. Councilmember Harris then amended his motion to add scheduling a work session on September 1i", and to present a 71.5 cent tax rate, with the elimination of the $50k contingency and $24k in personnel. Motion passed with the following vote: Ayes-Harris, Marshall, McCourry, Mikulec Nos- Dillard, Marks I [See further action on item 3.8 following the conclusion of3.6.] 3 I September 5, 2006 3.2 Conduct a public hearing, discuss and consider approval of an ordinance for a Specific Use Permit for a restaurant with beer and wine and/or alcohol sales. The proposed restaurant is located in Austin Ranch at the northwest corner of Windhaven and Saintsbury Drive West (SUP06-0004 Cafe Gecko, Bateman) (J () 8 :.~ : ' j Planning Director Donna Bateman said that a Specific Use Permit for this location is required. Alcohol sales will be for on-premise consumption only. The public hearing was opened and closed at 8:35 with no one wishing to speak. It was noted that this restaurant has been selling alcohol due to being unaware of the requirements. Approval of this SUP will bring them into compliance. Motion to approve- Harris; second by Mikulec; motioll passed with all ayes. 3.3 Discuss and consider approval of a site plan for the Texas Roadhouse restaurant. The 2.6125 -acre tract is located at the northeast corner of State Highway 121 and Market Street (SP06-0005, Bateman) I Donna reviewed the site plan, building elevations, landscaping and showed some photos of the exterior of the building. The Planning and Zoning Commission approved the proposed site plan with some additional landscaping. Donna reviewed alternative lighting for the parking lot due to it being partially located in the TXU easement. This location is in the Gateway Overlay District which requires one-hundred percent masonry and this building has only twenty-one percent masonry. Motioll to approve- Harris; second by Mikulec; motioll passed with all ayes. 3.4 Discuss and consider approval of a resolution authorizing the purchase of Blade Server with VM Ware from Sirius Corporation (Johnson) IT Manager Matthew Johnson reviewed the proposed equipment and stated the purpose is to consolidate servers. The equipment is IBM. Motioll to approve- Harris; secolld by Mikulec; motioll passed with all ayes. 3.5 Discuss and consider approval of a resolution authorizing a contract with Techline Sports Lighting for replacement of wooden athletic field light poles at various locations (Nelson) Keith Helms, assistant parks director, stated that thirteen of the twenty-five remaining wooden light poles need to be replaced due to deterioration. The city received three bids with the lowest being from Techline Sports Lighting. Councilmember McCourry voiced his concern over some of the wording in the price quote. I Motion to table to get additional information and possibly go back to vendor to have them re-word- Harris; second by Mikulec 4 September 5, 2006 (JU8a7,) I City Attorney Karen Nelson advised the council that an actual contract has not been presented yet and that specific wording can be included in the contract. Motion withdrawn. Dale advised that when he receives the contract he will forward it council for review. Motion to authorize the city manager to execute contract with approved wording based on the Techline bid of $98k for 13 light poles plus $10k contingency - Marks; second by McCourry; motion passed with all ayes. 3.6 Discuss and give direction to staff concerning fees for Senior activities (Nelson) I Community Center Coordinator Diana Holland presented various options for fees for senior activities. A concern regarding seniors who are on limited incomes being able to pay the membership fees was previously expressed by council. To address that Option 2 was presented which would give the ability to apply for a discount or waiver of fees. Option 2 basically includes a resident membership fee of $7 per year and a non-resident membership fee of $15 per year. It was noted that a $3 per person registration fee for trips has already been implemented. Diana stated that she took an informal poll of the seniors that day and they overwhelmingly preferred Option 2. Discussion followed regarding possible ways to monitor the membership. Motion to adopt Option 2 and include the trip transportation fees- Marshall; second by McCourry; motion passed with all ayes exceptfor Harris who voted no. 3.7 Discuss and consider approval of an ordinance amending Chapter 12 of the Code of Ordinances, adopting an amendment to the Storm Water Utility ordinance that modifies the fees and exempts independent school districts from the fees (Scruggs) Mayor Dillard pulled item 3.7 from the agenda and it was not addressed. 3.8 Continued Mayor Dillard told the council that he, Councilmember Mikulec and the city manager were not available/out of town on September 11 th, the proposed work session date. Mr. Cheatham asked the city attorney if council could reconsider item 3.8. Attorney Karen Nelson said yes as long as there was a motion and a vote authorizing it, and that would in fact rescind the motion that was approved earlier in the meeting. I Motion to reconsider item 3.8- Harris; second by Mikulec; motion passed with all ayes. Dale said there are three issues- 1. The amount of dollars in the fund balance- In the documentation presented to council, there are about 80 days at the end of this fiscal year. Historically 5 I September 5, 2006 revenues are higher and expenses are lower, so he estimated there will be more than the 80 days in the fund balance. 2. Tax rate- He is assuming the majority of council are supportive of the 71.5 cent tax rate. 3. Where will the budget cuts come from?- The $74k will come from the proposed $50k contingency and $24 from hiring delays. He advised the council that this is not locked in stone. Council can always consider other cuts and transfers. He added that he will come back to town for the work session on the 11 th if the council desires. (Jugac-, Motion to direct staff to target 71.5 cents for the tax rate with specific items to be removed: the $50k contingency and $24k in staff hiring delays-Harris; second by Mikulec; motion passed with all ayes except for Dillard who voted no. 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 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. Executive session not convened. I Reconvene to Open Session 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. And with no further business to discuss the meeting was adjourned at 9:50 p.m. APPROVED: Dillard, Mayor ty of The Colony ATTEST: I d~~ uJ~ Christie Wilson, TRMC, City Secretary 6