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Home My WebLink About01/08//2007 City Council January 8, 2007 I MINUTES OF REGULAR SESSION OF CITY COUNCIL HELD ON JANUARY 8, 2007 1..:4Jo 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 8th day of January, 2007, 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 Councilmember Councilmember Mayor Pro-tern Councilmember Present Absent Present Present Present Absent Present And with five council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - J oel Watson, The Colony Park Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input - Marsha Barron voiced concern regarding fees for the new Backflow Prevention Program. She stated her system was installed in 2005 and that since her warranty was still in effect, the vendor would conduct the inspection for free. However, the City requires the inspection to be completed by a City inspector; therefore she would have to have her inspection completed by City staff and pay the inspection fee. She also stated the proposed rental inspection should only be done if a complaint is received, that water rates should be reduced, and the pick up for tree limbs should be done more than once a month. Mike Lynch recommended the City hire 2 people to complete the backflow inspections based on the volume of protected devices located throughout the City. Announcement of upcoming civic events and activities 1- Mayor Dillard made the following announcements: Councilmember Harris would not be in attendance due to illness; Mayor Pro-tern Schrag was out of town on business. Annual evaluations for the City Manager and City Secretary would be postponed until next week's council meeting. Thank you to Ballet Plus for the candy. The Regional Transportation Council will hold a meeting on Monday, January 15th, at 6:30 p.m., at the Addison Conference Center. I I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. ;041d January 8, 2007 12.0 2.1 I CONSENT AGENDA Consider approval of minutes of council December 11, 2006 (Wilson/Kelly) I meetings held December 4 and I 2.2 Consider approval of council expenditures for November 2006 (Council) 2.3 Consider approval of a resolution authorizing the mayor to execute an Interlocal Cooperation Agreement with Denton County for fire protection services (Nolen) 2.4 Consider approval of a resolution authorizing the mayor execute an Interlocal Cooperation Agreement with Denton County for ambulance services (Nolen) ~ 2.5 Consider approval of amending previously approved minutes of April 3, 2006 to correct the vote recorded for Item 3.2 (Wilson) Motion to approve above consent agenda items- McCourry; second by Marshall; motion passed with all ayes. Councilmember Marshall asked that item 2.6 be discussed separately. 2.6 Consider approval of an ordinance amending Chapter 6, Article V of the Code of Ordinances, relating to inspections of multi-family rental units (SI06-0054, Bateman) Citizen Henry Billingsley stated he owns approximately 2,000 units in Austin Ranch and that most of his units are less than five years old. Due to competition he feels inspections should only be conducted if a complaint is received or for properties that are fifteen years and older. Mr. Billingsley also said it would be expensive to enforce and process from both the City and property owner perspectives. I Mary Golaboff, Property Manager for Austin Ranch, stated she was in agreement with Mr. Billingsley and offered her assistance to Council for input regarding fees and the daily operation of rental units. Council discussed several options which included conducting inspections on a complaint basis only, extending the years for inspections to begin, fees, multifamily and single family, and enforcement. Motion to strike ".. . issuance of a certificate of occupancy for a multifamily unit..." and to re-evaluate the ordinance if complaints are received regarding multifamily units- Marks. Motion was seconded by Mikulec. Kathy Carlton, representing the Apartment Association of Greater Dallas, stated she was in favor of a policy that fined or ticketed violators. She asked council to review the entire ordinance. I The Mayor called Executive Session at 7:45 p.m. which concluded at 7:55 p.m. 2 January 8, 2007 The Mayor called a ten minute recess at 7:56 p.m. U/1f:'U I All Council members reconvened to Open Session at 8:05 p.m. Council voted on earlier motion. Motion failed with the following vote: Ayes- Marks Nos- Dillard, Marshall, McCourry, and Mikulec Council discussed extending the year for inspection requirements. Motion to extend inspection requirements to ten years- Marshall; second by Marks; motion passed with the following vote: Ayes- Dillard, Marshall, Marks Nos- Mikulec and McCourry I 3.0 I REGULAR AGENDA ITEMS Councilmember McCourry asked that Item 3.2 be moved up. 3.2 Discuss and consider approval of a resolution amending the Master Fee Schedule for multi-family inspections, health reinspections & special exception applications (SI06-0059, Bateman) I Donna Bateman, Development Services Director, presented Council with an overview of the proposed changes which includes Multi-family Inspections, Health Re-inspections, and Special Exceptions. Henry Billingsley stated his concern over the $5.00 per unit inspection fee for multifamily units. Donna clarified that inspection charges are only applied to the actual units being inspected, not the entire complex. Motion to approve- McCourry; second by Marks; motion passed all ayes. 3.1 Discuss and consider approval of an ordinance amending Chapter 10, Article III of the Code of Ordinances, relating to reinspections of food establishments (SI06-0055, Bateman) Donna reviewed the proposed changes and procedure for an establishment requested re-inspection option. Councilmember Marshall moved to disapprove the ordinance. After further discussion Councilmember Marshall withdrew his motion. Motion to approve- McCourry; second by Marks; motion passed with the following vote: Ayes- Dillard, McCourry, and Marks Nos- Marshall and Mikulec 3.3 Discuss and consider approval of a resolution authorizing the purchase of six (6) police vehicles as approved in the 2006/2007 budget with pricing available through an Interlocal Cooperative Purchasing Agreement with Tarrant County (Sparkman/Clark) I 3 -. Ii ') I u '--t .....JaIl-Uary 8, 2007 Bob Sparkman, Purchasing Agent, presented information for the purchase of police vehicles through the Interlocal Agreement with Tarrant County. Councilmember Marks asked the average use for a police vehicle. Public Works Director Steve Eubanks, who supervises Fleet Maintenance, stated by 80,000 miles the unit is reassigned to another department. Bob Sparkman added that the vehicle replacement schedule was approved in the budget. I Motion to approve- Marshall; second by Mikulec; motion passed with the following vote: Ayes- Dillard, Marshall, Mikulec, and Marks Nos- McCourry 3.4 Discuss and consider approval of a resolution authorizing the purchase of a brush truck as approved in the 2006/2007 budget with pricing available through the State of Texas Building and~ Procurement Commission(Sparkman/N olen) Councilmember McCourry asked about the company that would be adding the additional equipment/accessories to the brush truck. Mike Nolen, Fire Chief, stated the additional equipment would be installed by a certified company. Motion to approve- McCourry; second by Marks; motion passed with all ayes. 3.5 Discuss and consider approval of a resolution authorizing the purchase of paving lifting services with pricing available through an Interlocal Cooperative Purchasing Agreement with the Town of Flower Mound (Sparkman/Eubanks) I Councilmember Marks asked how the locations were chosen for the project. Steve Eubanks, Public Works Director, stated numerous locations were evaluated by staff and then prioritized. Motion to approve- Marks; second by McCourry; motion passed with all ayes. 3.6 Receive presentation, discuss recommendations of the Solid Waste Working Group and provide direction to staff regarding the issuance of a Request for Proposals for solid waste and recycling services for the six year period beginning June 2007 (Eubanks/Gilman) Steve Eubanks and Terry Gilman, Environmental/Facilities Manager, presented information to Council based on recommendations from the Solid Waste Working Group. Councilmember Marks wanted the proposal to specify that emptied containers be returned to their original location and not left in the street. Councilmember Mikulec asked how the annual education stipend funds would be used. Terry stated the funds would be used to educate the public in the form of direct mailings, notices on water bills, newsletters, and any other sources that are available. Citizen Mike Lynch, who was a member of the Working Group, stated the $36,000 is needed for education purposes. I 4 I January 8, 2007 Mayor Dillard voiced his concern over the amounts the citizens are being billed. There was further discussion regarding container sizes, existing containers if a new company is awarded the bid, the recycling program, curb side assistance, and the frequency and extended times for city-wide cleanup events. Steve Eubanks also explained the formula used for rate calculation. c19" i~ "-... Motion to approve and modify to include language stating emptied containers be returned to where the homeowner originally had them placed and a provision allowing for smaller recycling containers- McCourry; second by Marks; motion passed with all ayes. 3.7 Discuss and consider approval of a resolution authorizing the city manager to execute a Developer Agreement with Industrial Properties Corporation for impact fee credit for construction of Memorial Drive (Scruggs) Gordon Scruggs, Director of Engineering and Utilities, stated that Industrial Properties Corporation constructed Memorial Drive from Standridge to approximately 600 feet west of Main Street complete with storm drainage, water and wastewater utilities. In consideration of the developer's construction of Memorial and associated utilities, Gordon stated the impact fees will be credited against any future payment by the developer. He added that staff verified the payments made by the developer for the improvements. Mike Lynch had questions regarding storm water facilities and how they were included in the agreement. I Motion to approve- Marshall; second by McCourry; motion passed with all ayes. I 4.0 [EXECUTIVE SESSION 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. B. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE regarding personnel matters to wit: City Manager annual evaluation. C. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE regarding personnel matters to wit: City Secretary annual evaluation. Executive Session was not held. I 5 r r\ . i~~ 8, 2007 And with no further business to discuss the meeting was adjourned at 10: 15 p.m. APPROVED: I ATTEST: c~ /" {U~[" . stie Wilson, TRMC, City Secretary , \ -{j I I 6 January 8, 2007 EXHIBIT 1 I The approved minutes for the City Council meeting held April 3, 2006 shall be amended in red as follows: Item 3.2 Discuss and consider approval of an ordinance rezoning Planned Development 9 located east and west of Piano Parkway on the south side of S.H. 121 to an Agricultural zoning district (SI05-0016, Bateman) Motion to accept the recommendation of P&Z and change the zoning to Agricultural- McCourry; second by Ward; item failed with the following 5-2 vote because a "super-majority" (6 of 7) votes is required. The vote is asfollolls: Nos- Mikulec, Wffffl :Hark;; Ayes- Dillard, Harris, Ward, McCourry, Schrag This amendment to the April 3, 2006 City Council meeting minutes reflecting Councilmember Marks voting NO is hereby authorized by Council approval this 8th day of January, 2007. I APPROVED: ATTEST: ( AI J ,... ), ~ I' ' .LA La.,f-u {c, 1f,-~k!O:;~ij"", Christie Wilson, City Secretary I 1