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HomeMy WebLinkAbout08/18/2008 City Council MINUTES OF REGULAR SESSION OF COUNCIL HELD ON August 18, 2008 OOSro u/9 August 18. 2008 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:08 p.m. on the 18th 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 Absent Present 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 - Holy Cross Catholic Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Cheryl Mohrbacher requested improvements be made to the historical park at South Colony and Blair Oaks, and pointed out a recycling refund on the water bill that she believes should not be there. Announcement of upcoming civic events and activities 1_ Library activities; TxDOT Public Meeting to be held at city hall on August 19th at 6 p.m.; Gordon Scruggs reviewed the information that will be presented at a Town Hall Meeting to be held at city hall on August 20th at 7 p.m. regarding Paige Road construction. Mayor Dillard announced a ground breaking at Hidden Cove Park for the marina. I 2.0 I CONSENT AGENDA Mayor Dillard advised items 2.4 and 3.3 are being pulled from the agenda. 2.1 Consider approval of minutes of council meeting held August 4, 2008 (Wilson) 2.2 Consider approval of council expenditures for July (Council) 2.5 Consider approval of holding the first council meeting in September on Tuesday, September 2, 2008 (Council) I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. OOSGSO August 18, 2008 2.6 Consider accepting the resignation of Sherry Goplin from the Cultural Arts Board (Council) Motion to approve the above consent agenda items- Harris; second by Marks; motion passed with all ayes. Councilmember Marks requested item 2.7 be discussed separately. 2.7 Consider approval of a resolution authorizing the city manager to execute an Encroachment/License Agreement with MF 5 Land, Ltd. for private installation and maintenance of street lights within public rights-of-way within The Colony (Eubanks) (tabled from July 7th) Councilmember Marks asked whether this has been done before and asked about future responsibility for these additional lights. Public Works Director Steve Eubanks advised the property owner is requesting more lights than the city requires and will enter into this agreement, which has an assignment clause, to maintain them. City attorney Bob Hager advised that the city can file the document with county deed records so any future property owners will know the agreement exists. Motion to approve- Marks; second by Harris; motion passed with all ayes. Councilmember Marshall requested item 2.8 be discussed separately. 2.8 Consider approval of a resolution authorizing the city manager to execute a Maintenance Agreement with the Tribute Homeowners Association regarding maintenance responsibilities along the impoundments and drainage ways in the Tribute developments (Eubanks) Councilmember Marshall asked who will take this responsibility if the HOA fails. Bob Hager advised a Public Improvement District (PID) can be established to assess a maintenance fee. At this time Councilmember Marshall made a motion to approve but later withdrew the motion. Councilmember Harris noted that the "minimum maintenance standards" are not defined. Bob Hager said that the minimum maintenance standards are the city ordinances and that language can be added to the agreement. Councilmember Connelly stated he felt adding minimum standards may limit what the city can do. Motion to table until September 15th-Harris; second by Schrag; motion passed with all ayes. 2.4 Consider approval of a resolution accepting the June 30, 2008 Quarterly Investment Report prepared by Avalon Financial Services (Koo) Not addressed. I 3.0 I REGULAR AGENDA ITEMS Mayor Dillard moved item 2.3 to the regular agenda for discussion. 2.3 Consider approval of an ordinance authorizing the issuance and sale of the City's Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2008; levying an annual ad valorem tax and providing for 2 UU86'81 August 18, 2008 the security for and payment of said certificates; approving the official statement; providing an effective date; and enacting other provisions relating to the subject (Koo) Finance Director Rebecca Koo advised this ordinance authorizes the sale of $1.7M in Certificates of Obligation. Mr. Boyd London with First Southwest reviewed the specifics on the sale, adding that Bank of America had the successful bid. Motion to approve- Connelly; second by Harris; motion passed with all ayes. 3.1 Conduct a public hearing on the proposed City of The Colony Municipal Budget for fiscal year 2008-2009 (Koo) Rebecca Koo reviewed the certified tax roll and the proposed tax rate of 69.25 cents (112 cent reduction) which represents a savings of $7.64 per home based on averages. She advised the General Fund budget is $22,555,178. There are 84 days in the rainy day fund (reduced from 91 as was in the preliminary budget), there are three new full-time positions (there was one in the preliminary budget) and one part-time position, a COLA of 4%, step adjustments for public safety, and market adjustments for some employees. There will be a draw down from the fund balance of $400,000. The Utility Fund budget is $13,246,519 and includes 78 days in the rainy day fund. In addition, there is an increase in water and sewer rates of 6.75% which will result in about $4 per household. Ten thousand dollars has been added to the Hotel Occupancy Tax budget for the annual haunted house (as a result of council direction at the August 11 th work session.) Mayor Dillard opened the public hearing at 8:00 p.m. Joyce Fulco asked what are the budgets for Public Works and Parks & Recreation departments, adding that she feels Public Works should be more. She also said that she has requested her alley be repaired for the past five years. Mayor Dillard advised her that $400,000 has been included in the budget for this type repair. Public hearing was closed at 8:03 p.m. 3.2 Discuss the proposed 2008-2009 tax rate not to exceed 69.25 cents per $100 valuation for the taxable value of all property real and personal, located within the City of The Colony to be adopted on September 15, 2008, take a record vote and schedule public hearings on the proposed tax rate on August 28 and September 2, 2008 (Koo) Finance Director Rebecca Koo reviewed the current, proposed (112 cent less than current rate), effective and rollback tax rates. She said the two public hearings are scheduled for August 28th and September 2nd. The tax rate is scheduled for adoption on September 15,2008 at 7 p.m. Motion to consider a tax rate not to exceed 69.25 cents and authorize the public hearing dates- Harris; second by Marshall; motion passed with all ayes. 3 0086S~ August 18, 2008 3.3 Conduct a public hearing, discuss, and consider a Specific Use Permit to allow an auto parts accessory sales & service use within the Business Park zoning district on the property located approximately 900 feet east of Blair Oaks Drive and SH 121 intersection, north of SH 121, being approximately 0.851 acres (SUP08-0005, Bateman) Mayor Dillard announced that the applicant in this matter is unable to be here due to the weather conditions in Florida at this time. This item will be addressed on a future date. 3.4 Conduct a public hearing, discuss, and consider a Specific Use Permit to allow the sale of beer and wine for off-premises consumption at 5201 South Colony, Suite 696, located at the northwest corner of South Colony Blvd. and Paige Road (SUP08-0006, Bateman) At 8:05 p.m. Mayor Dillard requested an executive session with the city attorney on this item. Executive session concluded at 8:16 p.m. and regular session was reconvened. Donna Bateman explained this item is for a specific use permit for the sale of beer and wine for off-premise consumption at the La Paisana Meat Market. She also advised that a day care center that is close by does not affect the sale of alcohol since they have no school curriculum. Planning and Zoning Commission recommended approval. The public hearing was opened at 8:19 p.m. Mayor Dillard advised that five "opposed" notices were returned. Joyce Fulco asked whether the other day care that is down the street has an effect and was advised that it is too far away. The public hearing was closed at 8:21 p.m. Motion to approve- Marshall; second by Connelly; motion passed with all ayes except for Harris and Schrag who voted no. 3.5 Conduct a public hearing, discuss, and consider a zoning change from Planned Development-10, Planned Development-12, and Planned Development-13 to Planned Development-22 consisting of approximately 894.78 acres located on the east and west sides of Piano Parkway, south ofSH 121, and north and south of Windhaven Parkway. The purpose is to combine three Planned Development districts into one user friendly Planned Development Ordinance and incorporate the recently annexed and disannexed property. (Z07-0008, Bateman) Donna Bateman advised this change will combine three PDs (11, 12, & 13) into one which will be PD 22. It will also incorporate the recently annexed and de- annexed areas. She added that some of PD 10 will remain as it is since it has a different owner and the zoning all remains the same. The public hearing was opened and closed at 8:25 p.m. with no one wishing to speak. Motion to approve- Harris; second by Marshall; motion passed with all ayes. 3.6 Receive presentation, discuss, and consider approval of an additional request for funding by The Colony Chamber of Commerce regarding the use of 4 008683 August 18, 2008 Hotel Occupancy Tax contingency funds for Pirate Days, a regional and community event (Council) Tom Tvardzik representing the Chamber of Commerce reviewed the budget for the Pirate Days event which included the cost for public safety. The council previously approved $15,000 and this request is for an additional $54,200. In addition, Tom said they expected over the next few years to reduce the amount requested from the city. Discussion followed as to how much should be factored into the next budget. Councilmember Connelly inquired whether the city's Special Events Coordinator is involved in the planning. P&R Director Pam Nelson advised their involvement at this point is very limited- that this is a Chamber and CVB function. Motion to approve $55,000- Harris; second by Marshall; motion passed with all ayes. 3.7 Discuss and consider approval of a resolution authorizing the city manager to award a bid and execute a construction services contract with JT Dersner to replace a 30-inch northwest trunk sewer line from Main Street to the Wastewater Treatment Plant (Eubanks) Public Works Director Steve Eubanks told the council that this project is to replace the deteriorated main sewer line to the wastewater treatment plant from north and east of One Harris Plaza. Freeze and Nichols recommends replacing the full line. Construction should take approximately six months. Councilmember Harris asked if start of construction could wait until after football season is over to have less traffic in the area (practice fields). Motion to approve- Harris; second by Connelly; motion passed with all ayes. Mayor Dillard convened Executive Session at 9:00 p.m. I 4.0 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. 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 and seek legal advice on a matter in which the duty of the attorney is protected by Texas Disciplinary Rules concerning an agreement by and between the City of The Colony and J.T. Goods, Inc. C. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE to deliberate the appointment, evaluation, duties of public officers of members of the Planning and Zoning Commission, to wit: Fernando Villarreal, Mike Barrett, DeVille Hubbard, Debbie Morrison, David Terre, Brian Wade and Karen Hames, and Section 551.071 (2) of the TEXAS GOVERNMENT CODE to consult with the 5 DaSGs't August 18, 2008 city attorney on a matter in which the duty of the attorney is governed by the Texas Disciplinary Rules to seek legal advice concerning actions of the Planning and Zoning Commission on pending zoning case numbers SE08- 0001 and Z08-0002. 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. B. Any action as a result of executive session regarding an agreement by and between the City of The Colony and J.T. Goods, Inc. Motion to authorize the city manager and city to provide a 90 day notice of cancellation of a concessionaire agreement with J. T. 's- Marshall; second by Connelly; motion passed with all ayes except for Schrag and Marks who voted no. C. Any action as a result of executive session regarding the appointment, evaluation, duties of public officers of members of the Planning and Zoning Commission, to wit: Fernando Villarreal, Mike Barrett, DeVille Hubbard, Debbie Morrison, David Terre, Brian Wade and Karen Hames, and actions of the Planning and Zoning Commission on pending zoning case numbers SE08-0001 and Z08-0002. Motion to remove from the Planning and Zoning Commission Fernando Villarreal based on failure to follow established city ordinance, policies, and directives, and over stepping of authority of said commission- Harris; second by Marshall; motion passed with Harris, Marshall, Dillard and Marks voting aye, and Connelly and Schrag voting no. (Mikulec absent) Item 3.8 was not addressed. 3.8 Discuss and evaluate the Hidden Cove Park Concessionaire Agreement between J.T. Goods, Inc. and the City of The Colony as it relates to Marine Quest operations of Hidden Cove Park (Council) And with no further business to discuss the meeting was adjourned at 10: 12 p.m. APPROVED: ristie Wilson, T City Secretary 6