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HomeMy WebLinkAbout08/04/2008 City Council OOS66S August 4, 2008 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON August 4, 2008 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 4th day of August 2008, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris John Marshall Jeff Connelly Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Councilmember Councilmember Mayor Pro-tern Councilmember Present Present Present Present Present Present Present And with seven council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - John Dillard Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Alyce Rufi invited the city council members to attend a Council Appreciation Dinner on September 13 th. Update on Hidden Cove Park - Ottis Lee representing Marine Quest told the council that they had received approval today for the construction plans for the Hidden Cove Park boat slips. They expect to receive the permit tomorrow and plan to start floating the slips within the next few days. Ottis also said they have been meeting with JT's Concessions and hope to bring forth a proposal soon. At this time Dwight Bosworth with Marine Quest presented Mayor Dillard with a check for $250,000.00 per the agreement between the city and Marine Quest. Denton County Transportation Authoritv Report- Dave Kovatch viewed how the DTCA operates and the funding sources. He said the current major project is a Denton to Carrollton rail line that should be complete in 2010. He reviewed the positive impacts, such as jobs and air quality improvement. It was noted that the cities of Denton, Highland Village and Lewisville contribute sales tax to the DTCA but The Colony does not. Announcement of upcoming civic events and activities 1_ Director Joan Sveinsson reviewed the current Library programs. Mayor Dillard announced an I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 008670 August 4, 2008 organizational meeting for Pirate Days scheduled for September 2nd at the Community Center. Special Events Coordinator Emily Fox announced the Back to School Bash scheduled for August 19t\ 5-8 p.m. Elise Knox, Aquatic Park Manager, made a presentation on a microscopic parasite called Cryptospridium that has been a concern for public pools in North Texas this year. Elise advised The Colony Aquatic Park swimming water is treated with SeaKlear, which is a chemical that inhibits Crypto. She also reviewed other steps being taken to help avoid contamination such as mandatory pre-swim showers and educating the public on proper pool use. I 2.0 I CONSENT AGENDA 2.2 Consider approval of an ordinance amending the Code of Ordinances, Chapter 19, Section 19-10 to establish a 35 mph speed limit on McKamy Trail (Eubanks) 2.5 Consider approval of a resolution authorizing the city manager to execute a revised agreement with Denco Area 9-1-1 District (Clark) 2.7 Consider approval of an ordinance setting August 18, 2008 as the date for a public hearing on the proposed budget for fiscal year 2008-2009 (Koo) 2.8 Consider accepting Rita Webster's resignation from the Code Enforcement Advisory Board (Council) 2.9 Consider accepting Barry Vondersmith's resignation from the Code Enforcement Advisory Board (Council) 2.10 Consider appointing Ruby Lawrence to fill a vacancy on the Code Enforcement Advisory Board (Council) Motion to approve above consent agenda items- Harris; second by Marks; motion passed with all ayes Councilmember Marshall pulled this item due to his absence at this meeting. 2.1 Consider approval of minutes of council meetings held July 21, 2008 (Wilson) Motion approve- Harris; second by Marks; motion passed with all ayes except for Marshall who abstained Councilmember Connelly requested items 2.3 and 2.4 be pulled from the consent agenda for separate discussion. 2.3 Consider authorizing use of Hotel Occupancy Tax funds for promotional and advertising needs of the Lakeside Community Theater Haunted House event (CAB/Margolis) Councilmember Connelly questioned whether the amount requested represented more than half of the advertising budget for the project. Donna Arnold with Lakeside Theater advised it is for all advertising. Councilmember Connelly then stated that since this is not a city sponsored event he would recommend approving one half of the total money budged. He suggested that in the future the Hotel Occupancy Tax budget should reflect funding for this annual event. Motion to approve $3,950.00 (rather than the requested $4,625.00)- Connelly; second by Schrag 2 008671 August 4, 2008 Councilmember Harris stated he feels like the HOT funds were intended to be used for this type of project, and that the Cultural Arts Board should be able to make some of the decisions regarding use of these funds. He then added he would like to see council approve the full amount that was requested. Councilmember Marks confirmed that are no guidelines for the amount of money the board could approve. Motion failed with Connelly and Schrag voting aye and all others voting no. Motion to approve for $4,625.00- Harris; second by Marshall; motion passed with all ayes except for Connelly who voted no. 2.4 Consider approval of a revised Lakeside Arts Center Use Policy (CAB/Margolis) Councilmember Connelly stated that he feels the uses are restrictive and wants the policy revised. Additional discussion followed regarding user responsibility, fees, uses by religious and social groups, and specific election days set aside. Councilmember Marshall noted that the intent was for the Cultural Arts Board (CAB) to manage the building and did not find any real issues with the document. City Attorney David Dodd advised the document can be changed and suggested it be tabled. Motion to table until the first meeting in September- Harris; second by Connelly; motion passed with all ayes. Mayor Dillard asked council members to send their recommendations for the policy to the city manager. Councilmember Schrag requested item 2.6 be pulled from the consent agenda for separate discussion. 2.6 Consider approval of a revised standard form of agreement establishing guidelines and fees for wrecker services (Clark) Councilmember Schrag questioned extending the response times. Chief Joe Clark said they extended the time by five minutes due to current traffic conditions. Motion to approve- Schrag; second by Marks; motion passed with all ayes. At 8:00 p.m. Mavor Dillard announced that at this time the council will convene the Executive Session (item 4.1A). and that council will also discuss item 3.6. 14.0 I 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. 3 00S672 August 4, 2008 B. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAS GOVERNMENT CODE to consult with the city 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 551.071 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 551.071 (2) of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding the Hidden Cove Park Concessionaire Agreement as it relates to Marine Quest's Ground Lease, Real Property and Personal Property Lease Agreement. Reconvene to Open Session at 8:35 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 discussed. 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 discussed. D. Any action as a result of executive session regarding the Hidden Cove Park Concessionaire Agreement as it relates to Marine Quest's Ground Lease, Real Property and Personal Property Lease Agreement. Not discussed. 3.6 Receive Presentation and seek City Council feedback concerning a LaQuinta in The Colony (Bateman) Mayor Dillard stated that while the council is pro-business and looks forward to development in our city, they cannot make any comments on this item. Developers will be expected to follow procedures. At this time Councilmember Jeff Connelly excused himself and was not present during the presentation. Sandy Jacobs representing LaQuinta Inn reviewed a photographic rendering of the building and location (Standridge and S.H. 121) for this development. She stated this is a national chain wanting to make a major investment, adding that other cities don't have overlay district restrictions. They do not intend to try and bypass the process but knows there are some challenges. They want to know whether this type of project will be welcome in The Colony and asked for feedback from 4 008673 August 4, 2008 the city staff. She reviewed the additional requirements on parking, landscaping, and setbacks, adding that the developer has accommodated those. The position of a monument sign, the tower sign, and masonry requirements are issues they need to resolve with the city. She reiterated that the developer is willing to meet the other requirements of the city's overlay district. Councilmember Connelly returned to the dais. I and 13.0 3.1 I REGULAR AGENDA ITEMS Presentation of preliminary municipal budget for FY 2008-2009 schedule a budget work session on August 11, 2008 at 6 p.m. (Koo) Finance Director Rebecca Koo told the council that the preliminary budget was presented on July 31 st. She said the budget includes the operating budgets for the General Fund, Utility Fund, Debt Service Funds, and other Special Funds. This budget reflects a one-half cent reduction in the tax rate to $.6925 per $100 valuation. She advised that the tax rate reduction results in an average priced home savings of $7.64 next year, however if the appraised value of the home increases or decreases it will have an effect on the amount. The certified roll for 2008-2009 is $2,133,752,344 which is 6.36% higher than last year. Based on the half cent rate reduction and the tax roll increase the increase in tax revenue is $782,658. The proposed budget includes one new dispatcher position and one part-time position in P&R., Also included are a 4% cost of living raise for employees and market adjustments for some positions. This budget also includes a 6.75% water and sewer rate increase. Rebecca noted there are ninety-one days in the "rainy day" fund. She also reviewed the Debt Service funds. The budget document is available on the city's website and at the Library. Staff has scheduled a budget work session on August 11, 2008 and a public hearing on August 18, 2008. Motion to approve the meeting dates to start at 7 p.m.- Schrag; second by Harris; motion passed with all ayes. 3.2 Discuss and consider approval of a resolution authorizing the city manager to execute an engineering design services contract for the Phase IIIC residential street reconstruction project (Scruggs) City Engineer Gordon Scruggs said this contract is for the design services for the re-construction of Aztec Drive and Branch Hollow Drive. Included in the project are sidewalks, driveway returns within the street right-of-ways, storm drains, water and sewer lines, and lighting. The construction project cost will be approximately $1.3M and should start late next spring. City Manager Dale Cheatham added that there will be no issuance of new debt for this. Paige Road impact fees, previously issued debt and the utility fund will cover the cost. Motion to approve- Harris; second by Marshall; motion passed with all ayes. 5 008674 August 4, 2008 3.3 Discuss and consider approval of a resolution authorizing city manager to issue a purchase order for the purchase of a mobile stage to be used to promote and enhance tourism through special events and authorize a budget amendment ordinance (Nelson/Swain) David Swain of Parks & Recreation reviewed the need and uses for this item, adding that the stage currently used is homemade and no longer road-worthy. He showed a video of the proposed stage that included set-up and safety features. A study of possible uses indicated that 81 % of the uses would/could fit the criteria for Hotel Occupancy Tax use. The funding request reflects that with the remaining 19% to be taken from the General Fund. Further discussion included where it will be stored, who will be responsible for the maintenance of it, the warranty, size, lighting and sound, and insurance costs. Dale Cheatham advised that there are funds available in the HOT contingency. Citizen Christi Martin spoke in favor of the purchase. Motion to approve 81% from HOT funds and 19% from General Fund, and also to request a reimbursement from the CDC (4B)- Marshall; second by Mikulec; motion passed with all ayes. 3.4 Discuss and consider approval of a resolution casting a vote for one candidate to serve on the Denco Area 9-1-1 District Board of Managers (Council) Motion to approve a resolution casting the city's votes for Harlan Jefferson- Connelly; second by Marshall; motion passed with all ayes except for Mikulec who had stepped away from the dais. 3.5 Discuss and consider approval of a resolution casting a vote for a nominee to serve on the Regional Transportation Council or approve a memorandum of understanding related to this subject (Council) Mayor Dillard suggested they vote for reappointing Rudy Durham, however he noted that the Flower Mound mayor wanted to be appointed. Discussion followed regarding the position automatically rotating among the cities of Lewisville, Highland Village, Corinth, Lake Dallas, The Colony, Flower Mound and Little Elm, however council voiced some issues with the Memorandum of Understanding as presented. Motion to approve a resolution nominating Rudy Durham- Harris; second by Connelly; motion passed with all ayes. 6 August 4, 2008 008675 And with no further business to discuss the meeting was adjourned at 9: 50 p.m. ATTEST: eLu LJ~ Christie Wilson, TRMC, CMC City Secretary APPROVED: J n Dillard, Mayor ty of The Colony 7