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Home My WebLink About09/04/2007 City Council September 4, 2007 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON SEPTEMBER 4, 2007 . J >.) (:3 t5~ ,::: "'i The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:04 p.m. on the 4th day of September, 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 Present Present Present Present Absent Present And with six council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Friendship Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations - National Payroll Week - presented to Payroll Analyst, Mary Langford; Constitution Week - presented to Kim Stedman with Daughters of the American Revolution, Prestonwood Chapter. Citizen Input - None Announcement of upcoming civic events and activities 1_ Mayor Dillard stated Perry Schrag was absent due to a business engagement. Terry Gilman stated the city's residential household hazardous waste program would kick-off on Saturday, September 15. He gave background information on the program and also stated an information guide would be mailed to residents outlining program details. Ma or Dillard read items on the consent a enda. CONSENT AGENDA Consider approval of minutes of council meetings held August 1St 27t\ 2007 (Marks absent on Aug. 20 & 27) (Wilson) 2.2 Consider upon second reading approval of an ordinance amending the Code of Ordinances, Chapter 19, Section 19-4 by adding paragraphs (g) and (h) to the authorities and duties of the City Traffic Administrator (Eubanks) 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. . 00 ' c. ~ ''00 "jJ September 4, 2007 2.3 Consider upon second reading approval of an ordinance amending the Code of Ordinances, Chapter 17 Fees by adding a new Section 17-8 Pro Rata Agreement; providing for the reimbursement of a portion of the cost of infrastructure or improvements from landowners benefiting from such improvements or infrastructure (Scruggs) 2.4 Consider approval of a resolution authorizing the city manager to enter into a Development Agreement with DBSI for construction of left turn lanes and median cuts with the construction of Memorial Drive (Scruggs) Motion to approve above consent agenda items- Marshall; second by McCourry; motion passed with all ayes. Councilmember Harris asked for item 2.5 to be discussed separately. 2.S Consider approval of a resolution denying the A TMOS Energy Gas Reliability Infrastructure Program (GRIP) rate increase, and supporting statutory reform of Texas GRIP Statute (Sparkman) Councilmember Harris wanted citizens to know this resolution is to deny the proposed rate increase for Atmos Energy. Motion to approve- Harris; second by Marks; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS Mayor Dillard pulled item 3.9 from the agenda. 3.1 Discuss and consider approval of a site plan for Blue Sky Soccer Complex. The 171-acre tract is located west of F.M. 423, east of Lewisville Lake, and approximately 2,800 feet south of Lebanon Road (Bateman) Donna Bateman, Development Services Director, stated the proposed site plan would allow the addition of an outdoor retail area that would display playground units. She stated the Planning and Zoning Commission recommends approval with the following four (4) conditions: · The area be limited to 2 playground sets and 1 playhouse unit as proposed by the applicant · The perimeter of the proposed wrought iron fencing be landscaped · Three (3) trees be planted in the interior display area · All landscaping be irrigated Councilmember Mikulec voiced his concern about the landscaping conditions and asked the applicant to speak. Jane Nauman, Blue Sky Representative, stated it is an additional cost, but they are agreeable to the conditions. Motion to approve with the conditions placed by the Planning and Zoning Commission- Harris; second by McCourry; motion passed with all ayes. 3.2 Conduct the second of two required public hearings to discuss the proposed 2007-2008 tax rate not to exceed 71.S cents per $100 valuation for the taxable 2 September 4, 2007 value of all property real and personal, located within the City of the Colony and announce council meeting date of September 17, 2007 to adopt tax rate (Koo) U "j i" ,~:. c, . "--'v;:':':v Rebecca Koo, Finance Director, stated whenever the proposed tax rate exceeds the effective or rollback rate, the city is required by state law to schedule public hearings. She announced the second public hearing would be held tonight and that the city council would adopt the tax rate at 7:00 p.m. on September 17, 2007. The first public hearing was held on August 30, 2007. Rebecca said the proposed tax rate is 71.5 cents, the effective tax rate is 67.710 cents and the rollback tax rate is 71.523 cents. The public hearing was opened at 7:29 p.m. Jeff Connelly asked council to be steadfast in lowering the tax rate. Brenda Williams voiced her concern the tax rate has on local businesses as compared to other area cities such as Denton and Lewisville, which has a lower tax rate. The public hearing was closed at 7:36 p.m. 3.3 Discuss and provide direction to staff regarding the proposed budget, the tax rate, and fees for fiscal year starting October 1, 2007 (Koo) Councilmember Mikulec asked to verify an increase in the non-resident fee for Stewart Creek Park annual permit; Councilmember Marshall asked to verify the change in effective date on new Parks & Recreation fees from February 2008 to October 2007. These items were confirmed by Rebecca. Dale Cheatham, City Manager, stated he had not received input from council members regarding specifics on the fee schedule or tax rate. He then asked council members their position regarding the tax rate: Harris- lower the tax rate to 71 cents and give it back to the citizens Marshall- maintain current tax rate due to the major capital projects that need to be done, such as facilities for Police and Public Works McCourry- continue lowering the tax rate; establish a special protected fund for future projects with unused money; build new public safety facility for PD and look at future needs Mikulec- maintain current tax rate; move forward with the police/jail/courts building and Public Services building Marks- keep the tax rate the same for now; use funds for salaries in order to be competitive with other cities and for needed buildings Dillard- keep the tax rate the same; use funds toward buildings and needed projects, such as sidewalks and streets Councilmember Harris asked other council members to consider placing unused funds, such as funds saved from unfilled positions, into a new architectural/building fund. 3 , : ,," r'o .,1 -~.) ~j (.) ) 'l"..-! ,~" September 4, 2007 3.4 Discuss and consider appointing alternate municipal court judge (Council) Councilmember Harris stated he was concerned with Katharine Grubbs' limited experience. He verified James DePiazza had been appointed as an alternate at the August 30, 2007 meeting. No action was taken. 3.S Receive presentation, discuss and provide direction to staff regarding the development review process (SI07-0013, Bateman) Donna gave a presentation regarding the Development Review Process. Her presentation included a step-by-step description of the process and various fees charged by the city. She also presented options implemented in other cities, such as a tiered site plan approval process and a fast tracking process. Councilmember Mikulec stated he wanted to continue to improve the process for the city and applicants. He asked that Donna and Gordon Scruggs, City Engineer, bring ideas from other cities. Councilmember Harris stated the city should remain consistent and ensure issues are clarified when dealing with applicants. Councilmember McCourry said he wanted to continue improving the communication process. 3.6 Discuss and consider approval of a resolution awarding a bid to Design Electric for electrical improvements and generator installation at Office Creek Pump Station and authorizing the city manager to execute a contract (Sparkman/Maurina) Tod Maurina, Water Distribution Superintendent, presented information to council regarding electrical improvements and the installation of a standby generator at the Office Creek Pump Station. Tod stated he wanted to include a $35,000 contingency to the $365,000 for a total cost of $400,000. Karen Nelson, City Attorney, stated council could approve the additional funding. Mayor Dillard read a revised resolution which reflected the additional funding change. Motion to approve the revised resolution with stated contingency changes- McCourry; second by Marshall; motion passed with all ayes. 3.7 Discuss and consider approval of a resolution authorizing the city manager to enter into a construction contract with L.H. Lacy Company, LTD. for the construction of two eastbound lanes of Memorial Drive from Blair Oaks to Paige Road (Scruggs) Gordon Scruggs, City Engineer, stated bids were opened for the construction of the two eastbound lanes for Memorial Drive from Blair Oaks to Paige. Three alternates were also included in the bids. Alternate #1 included construction of the two eastbound lanes of Memorial Drive from Worley to South Colony, however staff was unable to obtain the needed right-of-way for this project. Alternate #2 included the installation of left turn lanes and median cuts between Blair Oaks and Paige. Alternate #3 included the cost for landscaping/irrigation 4 l ,I / : , ! f' --' \j (j ',' r, u(j. September 4, 2007 -1_ improvements to Paige between South Colony and Memorial. Staff recommended accepting the bid, including Alternate #2 and #3, from L.H. Lacy Company. Gordon also recommended the directional signs, which were included as one of the line items in Alternate #3, be included in the next budget for Beautification funding. Motion to approve the bid and include Alternate #2 and Alternate #3, excluding directional signs- Harris; second by McCourry; motion passed with all ayes. 3.8 Receive presentation, discuss, and provide direction to staff regarding the condition assessment of Well Site #3 and replacement of the well with a new conventional water well or Aquifer Storage Recovery well, or increasing the amount of water purchased from Dallas Water Utilities (JohnstonlScruggs/Maurina) Tony Johnston, Assistant City Manager, presented background information regarding the city's water systems from 2004 to 2007. Tony also provided a cost comparison of an ASR well versus a conventional well. At 9:25 pm. Councilmember McCourry requested an executive session to consult with the City Attorney regarding this item. The Regular Session reconvened at 9:50 p.m. Tod Maurina presented an overview on the condition of well #3, which was constructed in 1980. He covered repairs that have been made and presented the new field inspection results of the well and pump. Based on the significant corrosion issues found during this inspection, Tod recommended well #3 be plugged as soon as possible. Edward Motley, PE and Vice-President for Chiang Patel & Yerby presented information on various options, including a cost comparison and water quality comparison. Edward also recommended well #3 be plugged. Motion to authorize plugging well #3- Marshall; second by McCourry; motion passed with all ayes. 3.9 Discuss and consider city membership in the Metroplex Mayor's Association (Dillard) Mayor Dillard pulled item 3.9 from the agenda. Council convened into Executive Session at 10:39 p.m. I 4.0 I EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section SSI.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 SS1.071 (2) of the TEXAS GOVERNMENT CODE to consult with the city 5 . , \, ') G t> 2> ~eptember 4, 2007 tj' attorney regarding an agreement with the Billingsleys and the City of The Colony concerning development of Austin Ranch. C. Council shall convene into a closed executive session pursuant to Section SS1.071 of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. D. Council shall convene into a closed executive session pursuant to Section SS1.087 of the TEXAS GoVERNMENT CODE to deliberate the offer of a financial or other incentive to a business prospect. Reconvene to Open Session at 11: 15 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. No action. B. Any action as a result of executive session regarding an agreement with the Billingsleys and the City of The Colony concerning development of Austin Ranch. Not addressed. C. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. Not addressed. D. Any action as a result of executive session regarding the offer of a financial or other incentive to a business prospect. No action. And with no other business to discuss the meeting was adjourned at 11: 16 p.m. APPROVED: c]~~w~ Christie Wilson, TRMC, City Secretary 6