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HomeMy WebLinkAbout03/02/2009 City Council March 2, 2009 0 Q Sl 1 5 5MINUTES OF REGULAR SESSION OF COUNCIL HELD ON MARCH 2, 2009 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 2nd day of March 2009, 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 7:28) 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 - Perry Schrag Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Commander Joe McCourry and other members of the American Legion presented the city council members with a Freedom Team Salute special recognition certificate from the U.S. Army. Announcement of upcoming civic events and activities Presentation from the Library Director regarding current and upcoming programs, events, and service improvements; Pam Nelson announced the historical bridge dedication scheduled for Saturday, March 7th , at Greenway Park, adding that the bridge will become part of the trail system in the future; a Lakeside Arts Foundation variety show is J7scheduled at 7:30 .m. on Saturday at Five Star Park. 2.0 CONSENT AGENDA 2.1 Consider approval of minutes of council meeting held February 2, 2009 (Wilson) 2.2 Consider approval of council expenditures for January 2009 (Council) 2.3 Consider approval of a resolution authorizing the mayor to execute a Joint Election Agreement with the Lewisville Independent School District for the May 9, 2009 General Election (Wilson) i These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 OUS-56 March 2, 2009 2.4 Consider approval of a resolution authorizing the mayor to execute an interlocal agreement with Denton County for rental of voting equipment and purchase of supplies (Wilson) 2.6 Consider approval of a resolution authorizing a one year extension to the current contract for delinquent property tax collection (Koo) 2.7 Consider approval of Inter-fund transfers (Koo) 2.9 Consider approval of a resolution authorizing the city manager to execute a ground lease agreement with the United States Army Corp of Engineers for Low Density Recreation Development in Wildlife Management Areas (Nelson) 2.10 Consider approval of a resolution adopting a revised The Colony Economic Development Agreement/City of The Colony Comprehensive Policy Statement of Economic Development Incentives (Terrall) 2.11 Consider approval of a resolution authorizing the city manager to execute an amendment to the Billingsley Development Corporation Development Agreement regarding well water usage for irrigation (Scruggs) 2.12 Consider approval of a resolution authorizing the city manager to execute a contract for the purchase of a vehicle chassis and installation of sewer televising equipment with pricing available through the BuyBoard Cooperative Purchasing Network (Maurina) Motion to approve the above consent agenda items- Harris, second by Schrag; motion passed with all ayes. Councilmember Connelly requested item 2.5 be discussed separately. 2.5 Consider approval of a resolution adopting the revised Debt Management & Financial Management policies (Koo) Councilmember Connelly questioned why the dollar amount in Section VII. D. of the Financial Management Policy changed from $25,000 to $50,000. Finance Director Rebecca Koo advised that by state law the city manager can approve up to $50,000 without an item going to council, and the city's purchasing policy states $50,000. He then stated he prefers not to change the policy review from annually to periodically in Section XIV of the Debt Management Policy. Motion to approve with annual review of the Debt Management Policy (Section XIV)- Connelly, second by Mikulec; motion passed with all ayes. Councilmember Schrag requested item 2.8 be discussed separately. 2.8 Consider approval of a resolution amending the Master Fee Schedule to include deposits for temporary water meters (Koo) Councilmember Schrag confirmed with Rebecca that the city has not had a problem in the past with builders paying their bills. They recently had one that went bankrupt and did not pay their utility bills. Motion to disapprove- Schrag; second by Mikulec; motion failed with the following tie vote: Ayes- Dillard, Mikulec, Schrag Nos- Harris, Marshall, Connelly 2 00 7~'i March 2, 2004 Councilmember Harris pointed out that this is a deposit and would be returned [not a fee]. Motion to approve- Marshall; second by Harris; motion failed with the following tie vote: Ayes- Harris, Marshall, Connelly Nos- Dillard, Mikulec, Schrag Councilmember Harris confirmed with the city attorney that council could reconsider this item later after Councilmember Marks arrives. 3.0 REGULAR AGENDA ITEMS 3.1 First reading and discuss the annexation ordinance for the voluntary annexation of approximately 219 acres of land generally located on the north and south sides of Lebanon Road and Boyd Road in the northern section of the City of The Colony Extraterritorial Jurisdiction (A09-0001, Bateman) Planning Director Donna Bateman explained that this is the first reading of an ordinance for a voluntary annexation for 219 acres. The property is located west and north of the existing Tribute area. The second reading will be held on April 16, 2009. [Councilmember Marks arrived at 7:28 p.m.] City Attorney Bob Hager read the caption of the ordinance. 3.2 Conduct a public hearing, discuss and consider an ordinance amending Planned Development 18 related to the definition of building height; site location is north and south of Lebanon Road and west of F.M. 423 (Z09- 0001, Bateman) Donna said this item amends the existing planned development located inside the city limits by defining building height. She explained that the building code refers to height with the number of stories, while the zoning ordinance states a maximum height with number of feet. This amendment does not change the overall maximum height permitted within the development only the method in which height is measured. The public hearing was opened and closed at 7:35 p.m. with no one wishing to speak. Motion to approve- Harris; second by Connelly; motion passed with all ayes. At this time Councilmember Harris made a motion to reconsider item 2.8; motion was seconded by Councilmember Marshall; motion passed with all ayes except for Schrag who voted no. 2.8 Consider approval of a resolution amending the Master Fee Schedule to include deposits for temporary water meters (Koo) Councilmember Harris stated this is a deposit only, not a fee. Councilmember Marks asked the result of the previous votes. The City Secretary reviewed the individual votes on both motions. Councilmember Schrag explained that the city had/has only one builder causing this issue. He does not want to add an additional 3 001:8 March 2, 2009 burden to the other builders. Councilmember Marks asked Rebecca the number of problems the city has had. She said only one builder (12 homes) who has filed for bankruptcy. Some water revenue was lost because their bill was not paid. Councilmember Harris added that residents have to pay a deposit and that builders should also. Rebecca restated that the deposit would be refunded when the bill is paid [for the water used while the temporary meters are in place.] Motion to approve- Marshall; second by Harris; motion failed with the following vote: Ayes- Harris, Marshall, Connelly Nos- Dillard, Mikulec, Schrag, Marks 3.3 Discuss and consider a request for payment from Marine Quest equivalent to the city's revenue from JT's Goods, Inc. for rent and utilities while in operation at Hidden Cove Park, and provide direction to staff regarding amending the Marine Quest Development Agreement and Ground Lease Agreement (Nelson) Pam Nelson explained this request from Marine Quest is for the city to pay them the amount of money the city collected from JT's in rent and utilities from January 2005 through September 2008. This represents the time when Marine Quest took over Hidden Cove Park until the time that JT's operation as concessionaire ended. The total paid by JT's to the city is $23,711.45 which is the amount Marine Quest is requesting to help defray their costs of maintaining the property while JT's was there. Pam also asked for council direction on whether to make some amendments to Marine Quest's current agreements since JT's is no longer in operation there. Councilmember Connelly asked about the harm in leaving the agreement as is and Bob Hager said it is not relative since JT's no longer operates there. Councilmember Connelly asked if we have received notification from Marine Quest that they have severed their ties with JT's and it was established that they have not provided that to the city. Bob Hager asked that council present two separate motions for this discussion. Darin Williams was available to answer questions from the council. He advised they would like the agreements amended, and will provide notification of cancellation. Motion to request a letter from Marine Quest terminating their relationship with JT's- Harris, second by Connelly; motion passed with all ayes. Discussion followed as to the dollar amount requested, and whether there is a contractual requirement for the city to pay this amount to Marine Quest. Councilmember Harris stated he feels this money should have been paid to Marine Quest rather than the city in the first place. Darin said the reason they did not request more was because this is what JT's would have paid them. Marcel Bosworth stated they incurred the cost of water and sewer and this amount does not cover it, or mowing and other maintenance items. Councilmember Connelly requested an executive session at 8:10 p.m. Council reconvened to open session at 8:27 p.m. - Motion to approve reimbursement- Marshall; second by Harris, motion passed with the following vote: 4 UOS759 March 2, 2009 Ayes- Dillard, Harris, Marshall, Mikulec Nos- Connelly, Schrag, Marks. 3.4 Discuss and provide direction to staff regarding implementing the utility bill donation program as an ongoing commitment or optional monthly, and designate specific uses for the donations (Koo) Rebecca Koo reviewed this item by saying that most council members, at the previous council meeting, favored the $1 donation option rather than the round-up program. She reminded everyone that this will be a voluntary program, and reviewed options presented for uses. She requested council decide whether it will be on-going or a monthly option on the utility bill, and also how the funds will be used. Rebecca stated that staff prefers the on-going commitment because it will take less staff time to manage the program. Customers would need to notify the city if they later decide to discontinue participating. If customers make a long- term commitment (on-going) the city will add the $1 to the customer's bill. Mayor Dillard polled the council members as to their preferences. Council members Harris, Marshall, Connelly, and Marks spoke in favor of the on-going (long-term commitment); Council members Mikulec and Schrag spoke against the program; Mayor Dillard said he prefers the monthly option. Motion to implement the program- Schrag; second by Connelly; motion passed with the following vote: Ayes- Harris, Marshall, Connelly, Marks Nos- Dillard, Mikulec, Schrag Motion to approve program for $l as a long-term /on going/ program andlor recycling rebate, with opt-in and opt-out on each bill- Harris; second by Connelly; motion passed with all ayes except for Dillard and Schrag who voted no. Discussion of possible uses of the funds followed. Citizen Lisa Leary stated she believes uses of the money should benefit all residents of the city, such a beautification or National Night Out. Councilmember Marks- light poles, social services, public safety programs, Councilmember Schrag- social services, public safety programs Councilmember Mikulec- social services Mayor Dillard- social services Councilmember Connelly- beautification (gateway), social services Councilmember Marshall- median landscaping and city gateways Councilmember Harris- median landscaping and city gateways, public safety Council requested a quarterly report on the revenue, and Councilmember Connelly requested council approve all expenditures. Rebecca stated a resolution will come back to council at the next meeting. 5 UU i UU March 2, 2009 3.5 Receive presentation from the Chamber of Commerce and consider a request for use of Hotel Occupancy Tax funds to establish a Convention and Visitor's Bureau, and funding for the 2009 Pirate Days event (Dillard) _ Chamber Executive Director Allison Mahavics stated the chamber is requesting use of Hotel Occupancy Tax funds to establish a Convention and Visitor's Bureau (CVB). Ms. Mahavics provided an overview of the CVB function as well as a summary of items and funds needed. Discussion of the use of the funds followed. City Attorney Bob Hager advised that there needs to be a grant agreement, and staff should meet with the Chamber to work out the details. Several council members expressed the need for more information, for example a business, plan, by-laws, policy/procedures, etc. Motion to table to date uncertain and direct staff to work with the Chamber of Commerce to develop the necessary documents to move forward with this plan - Connelly, second by Mikulec; Councilmember Mikulec thanked several individuals who worked on this project. He spoke of the need for the hospitality project that will educate the local hotel staff and others on things to do here. Motion passed with all ayes. Allison introduced Liz Ripperger who addressed the council and asked for $55,000 in funding for this year's Pirate Days event. She added that they may need to ask for additional funds later if sponsorships don't materialize. She stressed that this is a family oriented event. Councilmember Connelly confirmed with Dale that this year $50,000 was budgeted. Dale noted that the current request will come from the next budget [2009-2010 since the event will be after October 1St] Council asked that the committee bring back a proposed budget so they can see how the funds will be used. Motion to table to the next meeting, March 16`h- Connelly; second by Harris; motion passed with all ayes. City Attorney Bob Hager will begin to prepare a grant/funding agreement. Executive Session was convened at 10:05 .m. 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 6 O March 2, 2009 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 regarding a possible annexation of approximately 259.62 acres of land on Lebanon Road and Boyd Road. D. Council shall convene into a closed executive session pursuant to Section 551.074 of the TExAs GovERNMENT CODE regarding personnel matters to wit: City Attorney Evaluation. Reconvene to Open Session at 12:35 a.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 pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. No action. C. Any action as a result of executive session regarding a possible annexation of approximately 259.62 acres of land on Lebanon Road and Boyd Road. No action. D. Any action as a result of executive session regarding City Attorney Evaluation. No action. And with no further business to discuss the meeting was adjourned at 12:35 a.m. on March 3, 2009. APPROVED: City o e Coh*y- u, ATTEST: lee, 1~ Christie Wilson, TRMC, CMC City Secretary 7