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Home My WebLink About04/19/2004 City Council 00788U April 19, 2004 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON APRIL 19, 2004 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:01 p.m. on the 19th day of April 2004, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Absent Allen Harris Councilmember Present Scott Ward Councilmember Present Joe McCourry Mayor Pro-tern Present Lynda Bayliss Councilmember Present Perry Schrag Councilmember Arrived 7:20 Joel Marks Councilmember Present And with five present a quorum was established and the following items were addressed: 1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Allen Harris Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- Law Dav- presented to Samantha Rowe and representatives ofthe Builders (Kawanis) Club and The Education Center. Proclamation- Public Safetv Telecommunication Week- presented to The Colony Police Department Communications Officers Lise Rizzo, Gloria Carver, Tracy Trevino, and Jason Hyman. Citizen Input- Mike Lynch asked council why there is a hill on Memorial toward Paige. Toni Watson of JT's Snacks and Rentals suggested to council that the July 4th celebration (or other city-wide promotion/event) be planned for Hidden Cove Park in the near future. Announcement of upcoming civic events and activities 1 Mayor Pro-tern McCourry announced that Mayor John Dillard is out on business and that Councilmember Perry Schrag will be arriving late. He announced early voting for Lewisville Independent School District Trustees will be held at City Hall starting April 28th going through May 11 th, and that Denton County Bond Election early voting will be the same dates and held at the Denton County Government Center. He also noted this is National Wildlife Week. Councilmember Harris thanked the National Junior Honor Societies trom Lakeview and Griffin Middle schools for their recent clean up efforts on S.H. 121. I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. I OU78:::1 April 1 1),2004 l1u CONSENT AGENDA I 2.1 Consider approval of the minutes of the council meeting held April 5, 2004 - (Wilson) 2.2 Consider approval of a purchase, through Interlocal Agreement with Euless, of hand-held automated citation writers and related specific equipment to be funded from the Court Technology Fund (Clark) 2.4 Consider approval of council expenditures for the month of March (Council) 2.5 Consider approval of a resolution authorizing a contract for the collection of delinquent accounts receivable (Carroll) 2.7 Consider approval of a resolution authorizing a change order to the construction services contract for Hawaiian Falls Water Park Phase I Infrastructure to include Office Creek Channel Improvements and construction changes required over TXU gas line (Scruggs) Motion to approve above consent agenda items- Bayliss; seconded by Marks; motion passed with all ayes. Item 2.3 pulled for discussion by Councilmember Marks. 2.3 Consider appointing Richard Kuether as the Volunteer Coordinator regarding taping and broadcasting meetings and special city and community events (Council) Councilmember Marks asked how the other volunteers will be used and Mr. - McCourry replied that be believed Mr. Kuether will utilize them similarly as has been done in the past. Motion to approve- Marks; seconded by Bayliss; motion passed with all ayes. (Councilmember Schrag arrived at 7:20 p.m.) Item 2.6 pulled for discussion by Councilmember Bayliss. 2.6 Consider approval of a resolution authorizing an amendment to the concessionaire agreement with J.T.'s Snacks and Rentals to include Stewart Creek Park (Nelson) Councilmember Bayliss asked about menu items for Stewart Creek Park. Toni Watson of JT's Snacks and Rentals reviewed the menu items and explained that the concession trailer will be available in the park on Fridays, Saturdays and Sundays for the time being. Motion to approve- Bayliss; seconded by Harris; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I - 3.1 Public hearing and discuss and consider an ordinance granting a Specific Use Permit allowing for a church in a single family zoning district located at 4700 Nash Dr. (Persaud) 2 o U....' 9 ÇJ? l ç. ""--"J....... April 19,2004 Planning Director Harry Persaud explained to council that this ordinance is a housekeeping item to ensure the church is conforming to the city's code of ordinances. Public Hearing opened at 7:25 p.m. Steve Thomas representing Trinity Presbyterian Church addressed the council saying the church has enjoyed serving the community, new and old, and that the church has seen growth. Public Hearing closed at 7:27 p.m.. Councilmember Marks asked whether responses to notices sent to surrounding neighbors were returned favorably and Mr. Persaud replied there were no negative responses. Motion to approve-Schrag; seconded by Bayliss; motion passed with all ayes. 3.2 Public hearing and discuss and consider an ordinance amending the Comprehensive Zoning Ordinance Appendix A, Section 10-200 to provide for Mobile Food Vendors and to add section 10-1350 Regulations for Mobile Food Vendors (Persaud) Harry Persaud stated this ordinance is presented as a measure to try and streamline mobile vending permits, and allow the city to better regulate this type of vendor on private property. He also stated that the "14 days" is meant as consecutive days. This issue is only for zoning and does not address health inspection aspects of mobile food vendors. Citizen Ali Hahr identified himself as the person who requested this ordinance amendment. He advised he wants to place a hot dog stand in front of Horne Depot. Public Hearing opened at 7:32 p.m. Mike Lynch requested clarification of the Health Department permitting and Mr. Persaud responded the vendors will have health inspections. Mr. Lynch requested the city provide him with a list of vendor names who have health inspections. Duane Sanders asked council if this issue is the same as was approved previously tonight in item 2.6. It was explained to him this is for private property the other was a location on city property. Public Hearing closed at 7:40 p.m. Motion to approve- Harris; seconded by Schrag; motion passed with all ayes. 3.3 Discuss and consider approval of an amendment to agreement between City of The Colony and Wynnwood Peninsula, LTD. and MSW Wynnwood LLC (Cheatham) City Manager Dale Cheatham explained to council the need for updating the Wynnwood agreement. He said the document presented is agreeable to all parties involved. Attachment "A" summarizes the changes from the previous agreement. Citizen Mike Lynch had several questions for council and Mr. Cheatham regarding impact fees, maintenance bond, location of fire station (Dale Cheatham 3 OU7~)83 Apri1 19,2004 advised the location is the city's choice), and water and sewer issues. Mr. Kristian Teleki with Matthews Southwest addressed some of Mr. Lynch's questions as did City Engineer Gordon Scruggs. Councilmember Schrag asked - about the dissolution of the CDD. City Attorney Bob Hager said the city or the county can dissolve at the request ofMr. Teleki. Motion to approve- Harris; seconded by Schrag; motion passed with all ayes. 3.4 Consider approval of a resolution authorizing a professional services contract for preliminary design of water system improvements at Wynnwood Peninsula (Scruggs) City Engineer Gordon Scruggs advised council this contract will be for the preliminary design for the water system improvements on Wynn wood Peninsula and what the design will include. He also explained the proposed location of the facilities. Citizen Mike Lynch suggested utilizing the space under the tower. Citizen Don Brody clarified with council the cost of the contract of $345,000. Motion to approve- Schrag; seconded by Ward; motion passed with all ayes. 3.5 Discuss and consider approval of a resolution authorizing a change order to the construction contract for the Paige Road reconstruction project (Johnston/Scruggs) - Asst. City Manager Tony Johnston advised council he asked Gordon Scruggs to make an estimate for completion of the Paige Road construction project, and this change order is to facilitate that completion. Some retaining walls along right-of- ways need to be finished and funds are included for a new signal light at S.H. 121. Gordon Scruggs advised the work should begin in 1-2 weeks and it will take a few weeks to complete and remove the construction barriers. Mr. Scruggs advised the timing for the signal lights is under contract with TXDot and they will review all the timing of the lights along S.H. 121. ADJOURN TO EXECUTIVE SESSION AT 8:20 P.M.; EXECUTIVE SESSION BEGAN AT 8:35 P.M. 8;Ð EXECUTIVE SESSION I 4.1 A. City Council shall convene into a closed Executive Session as authorized by Section 551.074 of the Local Government Code regarding personnel, to wit: (1) Interim City Secretary ninety-day evaluation (2) Deliberate concerning the appointment of a City Secretary RECONVENE OPEN SESSION AT 9:05 P.M. - NO ACTION TAKEN 4 007884 April 19,2004 B. City Council shall convene into a closed executive session pursuant to Section 551.071 to consult with the city attorney regarding contract between the City of Frisco, North Texas Municipal Water District and the City of The Colony. THIS ITEM NOT ADDRESSED And with no further business to discuss the meeting was adjourned at 9:07 P.M. APPROVED: ATTEST: r!J/7~'If,~ !»A ~ Chñstie Wilson, Interim City Secretary 5 007885 ATTACHMENT "A" Wynnwood Amendment Snmmary April 19, 2004 · City agrees to put in infrastructure to provide potable water to property. · Amendment has a 10 year rebate period as planned under the original agreement · Developer agrees to not use County Development District (CDD) to finance any of the development. · Developer agrees to allow City to keep franchise fees, permit and construction fees, and impact fees. · Developer agrees to allow City to purchase property for fire station at a cost of $45,000 per acre. · Developer agrees to contribute $1.2M for a new fire station and $770,000 for a fire truck. Represents an increase of $475,000 from existing agreement for station and equipment. · Developer agrees to make payments to City of $225k by February 2005 and $460k by February 2006. · Developer agrees to increase taxes retained by City from 11 cent to 16 cents from years 6 through 1 ° of agreement. · Developer agrees to donate property needed for water infrastructure improvements. 4/19/2004 11 :00 AM G:\Wynnwood Amendment Summary - April 19, 2004.doc October 4, 2004 I The approved minutes for the City Council meeting held April 19, 2004 shall be amended in red as follows: Item 3.5 Discuss and consider approval of a resolution authorizing a change order to the construction contract for the Paige Road reconstruction project (Johnston/Scruggs) Motion to approve- Marks; second by Bayliss; motion passed with all ayes. This amendment to the April 19, 2004 City Council meeting minutes adding the motion as stated and the vote is hereby authorized by Council approval this 4th day of October, 2004. APPROVED: I ~M~)~ ATTEST: ~£v41vULJ~~ Ishe Wilson, City Secretary I I