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Home My WebLink About11/17/2003 City Council-SS November 17. 2003 007917 CITY OF THE COLONY DENTON COUNTY, TEXAS NOVEMBER 17, 2003 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 17th day of November 2003, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen Harris Councilmember Present Scott Ward Councilmember Present Joe McCourry Mayor Pro-tem Present Lynda Bayliss Councilmember Absent Perry Schrag Councilmember Present Joel Marks Councilmember Present 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-none Announcement of upcoming civic events and activities 1 12.0 I CONSENT AGENDA 2.1 Consider approval of the minutes of the council meetings held October 16 & November 3, 2003 (Devlin/Wilson) Motion to approve as written-Schrag; second- McCourry; motion carried with all ayes. 2.2 Consider approval of transfers from Street Impact Fees Fund to the Capital Projects Streets Fund, and from Drainage Impact Fees to Drainage Improvement Fund for related projects as intended by the provision of impact fees (Koo) Motion to approve as written-Schrag; second- McCourry; motion carried with ail ayes. 2.3 Consider approval of an ordinance amending the 2003-2004 municipal budget to transfer funds from the General Fund to the Storm Water Utility Fund to provide funding for the Storm Water Cost of Service Study and for operating costs of street sweeping (Koo) Motion to approve as written-Schrag; second- McCourry; motion carried with all ayes. These ~tems are strictly pubhc service announcements. No action will be taken and no direction will be given regarding these items. 1 ,00 9 8 November 17, 2003 2.4 Consider approval of an ordinance approving and authorizing the City Manager to sign an engineering services contract with Freese and Nichols for preparation of a Storm Water Utility Fee Analysis (Scruggs) __ Motion to approve as written-Schrag; second- McC°urry; motion carried with all ayes. 2.5 Consider approval of an ordinance approving and authorizing the City Manager to sign an engineering services contract with Kimley-Horn for the construction an irrigation well at Five Star(Scruggs) Motion to approve as written-Schrag; second- McCourry; motion carried with all ayes. 2.6 Consider approval of council members Schrag, Marks and Harris to attend the ICSC Convention in Las Vegas for the purpose of marketing the city(Council/Terrall) Motion to approve as written-Schrag; second- McCourry; motion carried with all ayes. 2.7 Consider approval of an ordinance revising plan review fees (Persaud) Motion to approve as written-Schrag; second- McCourry; motion carried with all ayes. 2.8 Consider approval of an ordinance approving and authorizing the City Manager to sign a contract with Dunkin, Sims and Stoffels, Inc. for landscape design services for city hall and office creek pump station (Nelson) -- Motion to approve as written-Schrag; second- McCourry; motion carried with all ayes. 2.9 Consider approval of council expenditures for the month of October(Council) Motion to approve as written-Schrag; second- McCourry; motion carried with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Consider acceptance and award of bids for renovation of the Police & Courts building and the old library to DBR Construction Company and approval of an ordinance authorizing contract for same (Nelson/Clark/Sparkman) Parks Director Pam Nelson introduced Art Phelps who advised council that ten companies had turned in bids for this project. He reviewed the proposed site plan for the Old Library/Senior Center and the Police Department. Mr. Phelps advised council that DBR Construction Company had placed a bid that was considerably less than was expected. After reviewing the bid, he determined the bid did not include a roof. After the bid was refigured with the cost of a roof, it was still the low bid. City Attorney Robert Hager advised council the bid could be accepted then revised with a change order. -- Citizen Mitchell Ellis addressed the council urging them to proceed with relocating the senior citizens to the Old Library because the conditions at the 007S1H November 17, 2003 em-rent location are not conducive to the handicapped. Art Phelps advised the council that all ADA requirements will be met. Council Member Harris asked C~icf Clark about a proposed change in the type of fencing included in the Poli~e Department bid. Chief Clark advised there was no problem with the change. Motion to approve to include the recommended changes- Ward; second- Harris; motion carried with all ayes. 3.2 Public Hearing and consider approval of an ordinance approving a zoning change from General Retail to Heavy Commercial, located west side of Elm St. and south of East Lake Highlands (Persaud) Planning Director Harry Persaud reviewed with council the site plans and existing zoning in the area. He told council that P&Z recommended denial of the zoning change and reminded them that this would require a 3A vote of the council members present to pass this change. Mayor Dillard opened the public heating at 7:30 p.m. With no persons wishing to speak the public hearing was closed at 7:30 p.m. Motion to approve as presented- McCourry; second- Harris; motion carried with all ayes. 3.3 Public Hearing and consider approval of an ordinance granting a Specific Use Permit allowing for the packaging of alcoholic beverages at 7204 Elm St. (Persaud) Planning Director Harry Persaud reviewed with council the site map of the area. He told council that P&Z recommended denial of this SUP. Mayor Dillard opened the public heating at 7:33 p.m. Debra Bates, who is the individual requesting the SUP, explained to council that this new business is not retail, but for wholesale distribution of "jello shots". Dallas Cothrum spoke on her behalf stating Ms. Bates is a 20-year employee of EDS. Rob Bauman told the council he is in favor of this business. Council Member Marks told council there is only one other business in the U.S. like this and he called them. They told him they have had no problems with their operation and Mr. Marks added he is in favor. Mr. Harris said he has contacted several individuals who returned their input forms and told them this is not a liquor store but a distribution business. He asked about the hours of operation and the number of vehicles that might be coming and going per day. Mr. Cothrum stated that no nighttime deliveries or pickups would be made; those will only be done twice per week during the day. Also, only low intensity level lighting will be around the building. Robert Hager told council they could add the hours of deliveries/pickups to the SUP ordinance. Public heating closed at 7:40 p.m. 3 No~¢mb¢~ 1'7, 2003 Motion to approve with the additio~ of ~ a.m. to ? p,m. as times a//owah/e~or deliveries and pickups- McCourry; second- Marks; motion carried with all ayes. __ 3.4 Public Hearing and consider approval of an ordinance amending the development plan for Planned Development "PDll', located north of SH121, east of Main, south of Memorial and west of Blair Oaks (Persaud) Harry Persaud asked for this item to be pulled from consideration at this time. There was no further discussion or vote on this matter. 3.5 Discussion and consider approval of an ordinance approving and authorizing the City Manager to sign an engineering contract with Freese-Nichols for preparation of a study for city waste water plant improvements(Johnston) Asst. City Manager Tony Johnston advised council of the necessity of this step to start getting the city in compliance with requirements of TCEQ within the required timeline of 24 months. He explained this wastewater plant must be capable of removing ammonia nitrates. This will be done in two phases. First, make modifications to the plant and second, downgrade the plant volume. Ray Longoria from Freese-Nichols explained the modifications that need to be done. Mr. Johnston advised the cost for the plant modifications is $750,000. He added the cost of routing to Frisco following the plant modifications is $1,850,000, and hopes to have an agreement with the city of Frisco within the next 30 days. Mr. -- Johnston advised the engineering plan will take about 6 months to complete, then the modifications will take 18 months. Motion to approve-Marks; second- McCourry; motion carried with all ayes. 3.6 Appointment of Council Liaison and discussion of standing council committees (Dillard) Mayor Dillard confirmed the existing cotmcil appointments for committees and added himself and Dale Cheatham to the FM 423 Task Force. He also appointed Perry Schrag as liaison to the 4A Board. EXECUTIVE SESSION- 1. The City Council shall convene in closed executive session pursuant to Section 551.074(a)(1) concerning personal matters pertaining to the performance of duties by the Municipal Court Judge. Executive session convened at 8:05 p.m. and ended at 9:15 p.m. with no action being taken. 4 007921 November 17, 2003 And with no further business to discuss the meeting was adjourned at 9:16 p.m. APPROVED: Jop Dillar~ ~IaY0r ATTEST: Christie Wilson, Deputy City Secretary 5