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HomeMy WebLinkAbout09/15/2008 City Council September 15, 2008 MINUTES OF REGULAR SESSION OF COUNCIL 0 0 8 6 9 5 HELD ON SEPTEMBER 15, 2008 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 15th day of September 2008, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen Harris Mayor Pro-Tem Present John Marshall Councilmember Present Jeff Connelly Councilmember Present Kirk Mikulec Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present (arrived 7:12) And with six council members present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - John Dillard Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- Mayor Dillard read a proclamation for Disability Awareness Month. Citizen Input-none Announcement of upcoming civic events and activities 1- Joan Sveinsson announced Library activities. Councilmember Harris announced the city wide pep rally scheduled for Thursday evening at the high school. Mayor Dillard congratulated Larry's Restaurant on their 30th anniversary in The Colony. David Swain announced Movies in the Park and the Bow Wow Pow Wow date change to October 4th. Ma or Dillard announced he was moving item 2.7 to the re lar a enda. 2.0 CONSENT AGENDA 2.2 Consider approving council expenditures for August 2008 (Council) 2.3 Consider approving a resolution awarding a bid and authorizing the city manager to execute an agreement for aerial fireworks displays for the 2008 Veteran's Day and 2009 Liberty by the Lake special events (Swain) 2.4 Consider approving a resolution authorizing the mayor to execute a participation agreement with TexasTERM/TexasDaily Local Government i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 OObey~ September 15, 2008 Investment Pool, and appointing authorized representatives and investment officers (Koo) 2.5 Consider approving a resolution authorizing the mayor to execute a participation agreement with TexPool/TexPool Prime, a Texas Local Government Investment Pool, and appointing authorized representatives and investment officers (Koo) 2.6 Consider approving a resolution adopting the amended Investment Policy (Koo) 2.8 Consider approving a resolution authorizing the city manager to execute a construction services contract to construct a storm drainage outfall energy dissipator near Heron Cove Lane (Scruggs) 2.9 Consider approving a resolution awarding a bid for janitorial services and authorizing the city manager to execute a contract (Gilman) 2.10 Consider continuing to October 20, 2008 the Tribute Homeowners Association Maintenance Agreement tabled on August 18, 2008 (Eubanks) 2.12 Receive report from the Planning and Zoning Commission regarding activity in 2007-2008 and authorize initiation of projects for 2008-2009 (Bateman) Motion to approve above consent agenda items- Harris; second by Connelly; motion passed with all ayes. Councilmember Connell requested this item be pulled in order to make a correction to his comments in the minutes for September 2"d 2.1 Consider approving minutes for council meetings held August 28 and September 2, 2008 (Kelly/Wilson) Motion to approve as corrected- Connelly, second by Harris; motion passed with all ayes. Councilmember Schrag requested this item be pulled for separate discussion. 2.11 Consider approving a resolution authorizing the city manager to execute a Challenge Partnership Agreement with the United States Army Corps of Engineers for the Management and Development of "Low Density" Recreation Within Wildlife Management Areas (Nelson) Councilmember Schrag confirmed with Parks Director Pam Nelson that this document will give monitoring responsibilities and enforcement action to the city regarding mowing and irrigation by adjacent property owners on the Corps property around the lake. Pam added that permits will be required. Motion to approve- Schrag, second by Harris; motion passed with all ayes. 3.0 REGULAR AGENDA ITEMS 2.7 Consider approving a resolution repealing the 2007-2008 Master Fee Schedule and amendments, and replace same with new Master Fee Schedule for Fiscal Year 2008-2009 effective October 1, 2008 (Koo) Finance Director Rebecca Koo pointed out a few changes to the fee schedule. She said the water and sewer rates will increase 6.75 percent; also the credit card convenience fee for payments over the phone will be deleted. The late payment 2 September 15, 2008 00,966 for health permits will be 50 percent of permit cost if paid one to five days late and if paid six or more days late it will be 100 percent of the fee costs. She confirmed that the online credit card payment fees will not be affected. Motion to approve- Schrag; second by Connelly; motion passed with all ayes. 3.1 Discuss and consider approval of an ordinance authorizing the city manager or other appropriate city officer or employee to execute a contract and related additional agreements or documents for electric power for the city with Cities Aggregation Power Project, Inc. (CAPP) (Koo/Sparkman) Purchasing Manager Bob Sparkman told the council that this long term power agreement project has been in development for several years. He introduced Kristen Doyle, CAPP attorney, to explain the project. Due to the ever increasing cost of power for cities a Power Purchase Agreement was developed to provide a means for cities to purchase a portion of their electric power at a stable price. Sixty percent of the power purchased [as of the contract date] will be at 5.6 cents per kWh, and the remaining forty percent will be at the then current rate. Ms. Doyle stated that The Colony can expect a reduction of approximately $140,000.00 in savings in 2009 under this plan. Councilmember Mikulec voiced his concern about the length of the contract (24 years). Ms. Doyle explained they wanted to make the agreement in effect for as long as the law would allow. Signing now would lock down this rate for three years for the amount of power currently purchased. It was pointed out that as the city grows and consumption increases, that current volume percentage (60%0) will gradually decrease. If approved, this agreement will be effective on January 1, 2009. Motion to approve the city manager executing the contract documents Marshall, second by Harris, motion passed with all ayes except for Mikulec and Sch rag who voted no. 3.2 Discuss and consider approval of an ordinance approving the revised budget for fiscal year 2007-2008 and adopting the budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009; providing for the intra and inter-department fund transfers; providing for the investment of certain funds; providing expenditures for said fiscal year to be made in accordance with said budget (Koo) Finance Director Rebecca Koo reviewed the city's certified roll and added that there is a 6.36 percent increase over last year. The current tax rate is 69.75 cents per one hundred dollar valuation and the proposed rate is 69.25 cents. She stated the general fund balance will have eighty-four days in the rainy day fund, three full time new positions and one part time new position, and a new step plan for public safety personnel. There is $400,000.00 in capital expenditures. The utility fund has seventy eight days in the rainy day fund; and, a water and sewer rate increase of 6.75 percent (will generate $780,000 in new revenue). There is a 4 percent cost of living increase for all employees and some market adjustments. Rebecca also reviewed the planned debt service. The public hearing was held on August 18, 2008. 3 September 15, 2008 Motion to approve- Marshall, second by Harris, Councilmember Connelly made the following motion: Motion to amend the first motion by reducing the fund balance by $53,344.00 [in order to reduce tax rate to 69 cents]; second by Schrag; motion passed with all ayes except for Dillard and Marshall who voted no. Councilmember Harris confirmed with the city manager that the savings that will result from the previously approved CAPP contract was not included in the budget as presented and would be enough to cover the 1/4 cent reduction. Vote on first motion [approve the budget now reduced by $53,344.00]: passed with all ayes. 3.3 Discuss and consider approving a resolution ratifying the property tax revenue increase reflected in the budget in accordance with House Bill 3195 (Koo) Rebecca explained that because the total tax revenue is increased this ratification vote is required. Motion to approve- Schrag; second by Marks; motion passed with all ayes. 3.4 Discuss and consider approval of an ordinance adopting the City of The Colony tax rate of $.6925 per $100 valuation for fiscal year 2008-2009 (Koo) Motion to approve a tax rate of 69.25 cents- Marshall, second by Dillard, Motion to amend the first motion and adopt the tax rate at 69 cents- Connelly, second by Harris Councilmember Marshall voiced his opinion that since we have plans for a public safety building and a maintenance facility, and six streets need to be replaced that we need to stay with the tax rate as previously discussed in August. Councilmember Connelly pointed out that the tax rate as discussed was a "not to exceed" 69.25 cents. Vote on second motion [to amend the first motion to 69 cents] passed with all ayes except for Dillard and Marshall who voted no. Vote on first motion: [to approve the tax rate now at 69 cents]- Motion passed with all ayes except for Dillard who voted no. Mayor Dillard moved item 3.9 up on the agenda. 3.9 Discuss and provide direction to staff concerning fees related to the Evergreen project (Dillard) 4 September 15, 2008 400 Sandy Jacobs and Tony Sisk told the council that they are requesting a reduction in fees, adding that Churchill Residential would intend to reimburse the city the amount of property taxes that would ordinarily be assessed because of the reduction in valuation due to the type of project it is. Financing issues and"higher fees than expected prompted this request to council. Sandy provided a handout to council. They are proposing the fees be reduced to $450,000.00 (rather than $719,000.00). Mayor Dillard requested an executive session at 8:50 p.m. Regular session reconvened at 9:15 p.m. Councilmember Connelly asked Donna Bateman whether plans had been submitted. She stated that the PD had been approved, but they still need to go through the platting process with site plans and construction plans. Also, the proposed project is in the 121 Overlay District. Sandy added that their time schedule is critical and would like some indication from council on the issue of the fees. Motion to direct staff to negotiate an agreement that is mutually agreeable to both parties and bring back to council- Harris; second by Marks, motion passed with all ayes. 3.5 Conduct a public hearing, discuss, and "consider approving an ordinance authorizing a Specific Use Permit to allow an auto parts accessory sales and service use with a Business Park zoning district on property located approximately 900 feet east of Blair Oaks Drive and S.H. 121 intersection, north of S.H. 121 (SUP08-0005, Bateman) Donna Bateman said this SUP for National Tire and Battery is for sales and service within the business park district. She reviewed the location, which is within the Gateway Overlay District, and history of this project. She said the 121 Corridor Master Plan, which prohibits auto uses, is a guide and council can deviate from that. She elaborated on some changes the applicant made which include the orientation of the bay doors and the storage area for tires that will have solid screening. The building will be 100% masonry. Planning and Zoning recommends approval with conditions. Rob Baldwin, applicant, told council the business will repair and sell tires, change oil and transmission fluids. Councilmember Harris stated the council should stick with the comprehensive plan and deny this SUP, adding that there are other similar businesses nearby. Mayor Dillard opened the public hearing at 9:40 p.m. Councilmember Connelly suggested this be thought of as retail business that happens to sell tires. Councilmember Marshall asked Mr. Baldwin whether it is NTB's practice to locate near competitors. Mr. Baldwin did not know. Councilmember Schrag stated that it is up to the market to decide saturation level and it is not pertinent. Public hearing was closed at 9:45 p.m. City Attorney Bob Hager advised council their decision should be based on the comprehensive plan, zoning, and highest and best use of the land. Motion to deny- Harris; second by Mikulec; motion passed with Dillard, Harris, Mikulec and Schrag voting aye, Marshall, Connelly, and Marks voted no. 5 ©'Qleptember 15, 2008 ©g 3.6 Receive presentation from Allied Waste regarding fuel costs, discuss, provide direction to staff regarding a possible contract amendment, and authorize a resolution if appropriate (Gilman) Terry Gilman introduced Brenda LaLonde with Allied Waste Services. She stated they are asking for an increase in rates for commercial customers only. The request comes eight months early [per the contract] due to the cost of diesel fuel and related costs. Councilmember Harris said that Allied should have requested something in their contract for adjustments, but since they did not, he is not in favor of them making this request now. After further discussion, Bob Hager suggested that since this agenda item does not allow any action to be taken, that Allied put together a proposal for the next agenda. 3.7 Discuss and consider approval of an ordinance amending Section 19-10 of the Code of Ordinances to establish speed limits on sections of Memorial Drive and Morning Star (Eubanks) Steve Taylor with Jacobs Engineering provided an overview of the speed study he prepared for Memorial and Morning Star. He stated that TxDOT recommends using speed studies to establish speeds on city streets. He explained the methodology for assessing safe and prudent speeds, the procedures used to collect data, his analysis and recommendations. After much discussion, city attorney Bob Hager advised the council that if they want to increase the speed they must do so in accordance with the traffic engineers report. He then requested to meet with council in executive session at 10:30 p.m. and regular session was reconvened at 10:40 p.m. Motion for Memorial from Standridge to Paige- 40 mph, Paige to South Colony- 35 mph, and South Colony to the east city limits- 40 mph; and for Morningstar- 35 mph from S.H. 121 to Memorial- Harris, second by Mikulec; motion passed with all ayes. 3.8 Discuss and consider approving a resolution authorizing the city manager to execute an Encroachment License Agreement for signs in the Windhaven Parkway right-of-way in Austin Ranch (Scruggs) City engineer Gordon Scruggs said this is for signs to be located in the median in Austin Ranch (each side of intersection in the city right of way). The signs will be two feet tall. The developer will obtain sign permits and will be solely. responsible for the construction, maintenance, removal and replacement of the signs. This agreement will terminate upon the widening of Windhaven to six lanes. Motion to approve- Marshall, second by Mikulec; motion passed with all ayes except for Harris and Connelly who voted no. City Attorney Bob Hager advised the executive session did not need to convene. 6 September 15, 2008 00811 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 551.071 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. C.. 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 agreements by and between the City of The Colony and J.T. Goods, Inc., and the City of The Colony and Marine Quest. 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. B. Any action as a result of executive session regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. C. Any action as a result of executive session regarding agreements by and between the City of The Colony and J.T. Goods, Inc., and the City of The Colony and Marine Quest. And with no further business to discuss the meeting was adjourned at 10:50 p.m. APPROVED: Yil h n Dillard, Mayor ty of The Colony ATTEST: .z , ' A14 4K AY City Secretary §r2 7