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HomeMy WebLinkAbout03/07/2005 City Council o U 8 J _!_ 'j March 7, 2005 MINUTES OF REGUALR SESSION OF COUNCIL HELD ON MARCH 7, 2005 I The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. on the ih day of March 2005, 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 Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with seven council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Tony Bare11 of Friendship Baptist Church I Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations - The Mayor read a proclamation and presented to Sgt. Paul Thornton and Officer Hector Garcia for their actions in assisting visitors to our city following their automobile accident. Officer Aaron Smith was also recognized but was unable to attend the meeting. Citizen Input- Don Brody asked for the city to increase the old age exemption for property taxes and passed out a comparison of surrounding cities' exemption rates. Christi Martin gave an update of upcoming arts events. She also added a thank you to the 4B Corporation for offering matching funds up to $150k for money raised for a dedicated arts center. Larry Everett told the council that for the past seven years he has had a basketball goal set up in his neighborhood for teenagers to use. He added this is a positive activity and wants to keep it. Scott Bibby also addressed the council (,oncerning the basketball goal. He lives on a cul-de-sac and stated it is not a traffic hazard. Announcement of upcoming civic events and activities 1_ Mayor Dillard asked for a moment of silence for citizen Jimmy Riddle who lost his life this week as civilian support in Iraq. Public Works Director Steve Eubanks gave Council an update on the street sweeping program. He stated that last year the sweeper removed 740 cubic yards of debris from the streets. He announced a new I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 o U 81_~ ,.J March 7, 2005 schedule for the sweeper. Councilmember Harris reported on his recent attendance at the AMCC Conference and Denton County Day in Austin. He presented the Mayor with a Resolution honoring Denton County Day. City Engineer Gordon Scruggs announced that South Colony Boulevard will be complete and open within the next few weeks. All that is left to do is the irri ation, landsca ing, and stri ing of the street. CONSENT AGENDA Consider approval of minutes of council meetings held February 7 and February 21, 2005 (Wilson/Denton) 2.2 Consider approval of council expenditures for January (Council) 2.3 Consider approval of a resolution authorizing a joint election agreement between the City of The Colony and the Lewisville Independent School District (Wilson) 2.4 Consider approval of canceling the second council meeting in March and call a special session for March 28, 2005 (Council) 2.5 Consider approval of a resolution authorizing the elimination of several city employee positions and approving salary adjustments (Cheatham) 2.7 Consider approval of a resolution approving fee schedule for the Library (Sveinsson) 2.8 Consider approval of an ordinance amending Chapter 9 of the Code of Ordinances regarding EMS transport fees (Nolan) 2.11 Consider approval of a resolution supporting the restoration and maintenance of the Texas Recreation and Parks Account funding levels (Nelson) Motion to approve the above consent agenda items- Harris; second by Ward; motion passed with all ayes. City Attorney Bob Hager advised the Council that for item 2.12 it should be noted that approval will be authorizing the city manager to sign, and that the "auditor" in this case will be the finance director. Councilmember Harris pulled item 2.10 from the consent agenda for discussion. 2.10 Consider approval of a resolution awarding bid for annual mowing contract and authorizing the city manager to sign same (Nelson) Councilmember Harris asked Parks Director Pam Nelson about the amount of money being saved this year compared to last. She stated that in total reduction in cost is $15,716.00. Discussion followed regarding the mowing schedules and the merits of the two companies being considered. Mayor Dillard asked what the city does on S.H. 121. Pam stated we mow the median and right-of-way on undeveloped areas. Motion to approve- Harris; second by McCourry; motion passed with all ayes. Councilmember Schrag pulled item 2.12 from the consent agenda for discussion. 2.12 Consider approval of an interlocal cooperation agreement between the City of The Colony and Denton County authorizing the obligation of funds from the county TRIP 2004 issued bonds for completion of Phase 1 of Memorial Drive in The Colony (Johnston) 2 ._-_.~- OUB ,.. 1 - __._ ",,",1 ...... March 7, 2005 Councilmember Schrag confirmed that the contingency is included in the amount of the agreement, and thanked attorney Ryder Scott for his work on this project. I Mayor Dillard stated The Colony is the first city in Denton County to take steps to begin funding the MOU (toll way) projects and commended staff for their efforts. City Manager Dale Cheatham advised the city is asked to approve this agreement before it is present to Denton County for approval on March 15. If they approve then the award of bid will be in the first meeting in April. Motion to approve- Schrag; second by Harris; motion passed with all ayes. Councilmember Schrag pulled item 2.6 from the consent agenda for discussion. 2.6 Consider approval of a resolution approving fee schedule for health and sanitation (Persaud) Councilmember Schrag said he would like to leave business fees the way they are and Councilmember Harris agreed with this recommendation, except he asked for a reduction in seasonal. Councilmember Schrag made the following motion: Motion to approve with the following fee schedule: Restaurants- $350 Con venien ce-$265 Child Care- $200 I Mobile Food Svc.- $200 Temporary-$30 per day Grocery Stores- $550 Seasonal- $100 (at the request of Co un cilmem ber Harris) Second by McCourry; motion passed with all ayes. Councilmember Marks pulled item 2.9 from the consent agenda for discussion. 2.9 Consider approval of a resolution approving fee schedule for the Aquatic Park (Nelson) Councilmember Marks questioned the need for 100% increase in fees. Aquatic Park manager Elise Knox advised that implementing this increase would mean the park would break even. She added that ihere has been no increase since 1992, even with the number of improvements that have been made over the years. Motion to approve- Marks; second by Ward; motion passed with all ayes. 13.0 I REGULAR AGENDA ITEMS I 3.1 Public hearing on proposed speed control humps on Rustic Ridge Dr. and Creek Hollow Way as required by the Speed Control Hump Installation I Policy and receive report from city engineer on Ridgepointe traffic issues (Scruggs) City Engineer Gordon Scruggs summarized the traffic issues as follows: 3 o U 8 J ~~ .. March 7, 2005 At the July 7, 2004 City Council meeting, representatives of the Ridgepointe HOA presented recommendations to Council to slow traffic within their subdivision. The following is a brief summary of the issues and their current status: 1. Council recommended that a 4-way stop be installed at Standridge and Highridge. These stop signs were installed within a week by Public Services. Staff has received positive feedback from Ridgepointe residents on the effectiveness of the stop signs at improving traffic safety. 2. Council specified that businesses on Main were to be contacted regarding their support or opposition to a proposed no u-turn requirement on Main at Daily. We received seven replies opposed and two replies in favor. Seven businesses did not respond. 3. Council would like feedback from the Ridgepointe HOA after Memorial (from Standridge to Main) is opened. It has been opened for about 110-days and staff is still receiving complaints about traffic from Ridgepointe residents. 4. The residents of Rustic Ridge and Creek Hollow Way have pursued speed humps following City policy. With an 85th-percentile speed of 33 mph as determined by a subsequent City study, these streets have been determined to be eligible for speed hump installation. Per City policy, if 20-percent or more of the residents within 200-feet of these streets oppose the speed humps the matter must then be presented to City Council at a public hearing for approval/disapproval. The response to the notification resulted in 25-percent of the residents being opposed to installation of the speed humps. Staff is continuing to work with the Ridgepointe HOA on other issues such as having two right turn lanes from northbound Standridge on to Memorial, having two left turns lanes from eastbound Memorial on to Main, and pursuing with TxDOT a school zone on Main at Ridgepointe/Cougar Alley. Gordon advised that the residents will pay $3,300 for the speed humps and the city will pay $4,950. Mayor Dillard opened the public hearing at 8:00 p.m. Alan Ladd stated he is in favor of the speed humps and that he continues to support resolutions to the traffic issues (he mentioned proposed House Bill 87 reducing city speed limits to 25 m.p.h.) Scott Fashimpaur stated he is also in favor of the speed humps. Mayor DIllard closed the public hearing at 8:05 p.m. Councilmember Harris confirmed that the money from the residents must be received before the city has the humps installed. Mr. Ladd said that they are waiting for council approval before they begin to collect the money. Councilmember Schrag said he is in favor of the humps. 3.2 Discuss and consider approval of installing speed control humps on Rustic _.- Ridge Dr. and Creek Hollow Way (Scruggs) Motion to approve- Harris,. second by Schrag; motion passed with all ayes. 4 o U 8 , ~),. - _.~ I" " ~ .'/ March 7, 2005 3.3 Council to receive report from Kimley-Horn on the preliminary findings of the intersection of Memorial Dr. and F.M. 423 and related traffic issues and provide direction to staff (Johnston) I Assistant City Manager Tony Johnston advised the Council that Kimley-Horn had done a study of the intersection of Memorial Dr. and F.M. 423 to offer some solutions to the traffic problems there. He introduced Aaron Nathan who presented a slide show and photos of the area. He said that the volume of traffic in that area will continue to increase and that the city needs to coordinate with Wal-mart. He also said TxDot is currently in the process of updating the timing of the signal light. As part of his presentation, Aaron presented several options for Council to consider. Discussion followed regarding the effect changes might have on the businesses in the area and safety issues. Jeremy Wyndham, engineer representing Wal-mart, advised they are in favor of Option 4, which is to construct an additional driveway out to Memorial on the west side of the building, but also for the city to pursue Option 2, which is to add additional left turn lanes on Memorial. Aaron Nathan added that if the turn lanes are added, then a designated left turn green arrow would need to be on the light. Mr. Wyndham advised Wal-mart would pay for Option 4 if the city will also do Option 2. Tony Johnston advised there is no exact cost at this point of the options. After discussion it was determined that the consensus of Council is to pursue Option 4 (by Wal-mart) and Option 2. I Motion to pursue Option 4 with a written agreement with Wal-mart (to do Option 4) and Option 2- Bayliss; second by Harris; motion passed with all ayes. 8: 40 p.m. Mayor Dillard called for a recess. Council reconvened at 8:50 p.rn. 3.4 Discuss and consider a resolution authorizing the city manager to sign an engineering services contract for preparation of final plat, site plan, drainage study, water and wastewater plans, and complete a zoning change for the tract at the proposed Southern Pump Station Facility (Scruggs) Gordon Scruggs advised the council that the Southern Pump Station facility is planned for a four-acre tract owned by the Billingsley Company, located north of the KCS Railroad, south ofFM 544 and between Josey Lane and Piano Parkway. The tract is zoned PD 151 and does not permit the propo.sed facilities. The city of Carrollton staff has agreed they will support a zoning application for council approval to modify the planned development district in order to permit the construction of the facilities. Halff Associates will prepare the final plat with the access easement dedications, develop drainage, water and wastewater plans, and attend the Carrollton's City Council and Planning and Zoning meetings. The total cost of the contract with Halff Associates is $28,000.00 including a contingency of $2,500.00. I Citizen Mike Lynch questioned whether the city could plat the lot without frontage on a street and why we would build a pump station in close proximity to another in Carrollton. Gordon Scruggs replied this facility will not have any Josey Lane frontage and the Billingleys will provide access easement. He added s U U 0 ; I) (, \ - - t., "_ March 7, 2005 that the city of Carrollton staff is not opposed to a variance for no lot frontage on Josey Lane. In response to Mr. Lynch's question on the two pump stations, Gordon said that Carrollton's pump station operates under different hydrualics than are required to provide water supply to our city. Motion to approve- Marks; second by Ward; motion passed with all ayes. 3.5 Discuss proposed boundary adjustment with the city of Carrollton and The Colony and provide direction to staff (Persaud) Planning Director Harry Persaud reviewed with Council the areas of land in question. He stated that the Billingley Corporation is requesting the city boundaries of The Colony and Carrollton be adjusted to accommodate some planned single-family homes for an area named Austin Waters. Effectively The Colony would loose approximately the same number of acres in one area and gain them in another after the boundary adjustment. Lucillo Pena with Billingsley Corporation provided an aerial view. He reviewed the sewage issue, and added the areas must be rezoned to single-family. Considerable discussion followed concerning the commercial viability of the land, and zoning and utility issues. There is also a reduction in frontage. Citizen Mike Lynch stated that he believes the areas of Carrollton that are proposed to be moved into The Colony are "wet". He also said we should consider storm water drainage. Councilmember McCourry said that council only received this request two weeks prior and that is not enough time to properly consider the matter. He wants the DRC to make recommendations before any public hearings are held. Citizen Don Brody said he is concerned that east of Piano Parkway there are plans for development and to the west there are no plans for development. 9:27 p.m. Councilmember McCourry asked for an Executive Session with the city attorney on this matter. Executive Session on this matter was adjourned at 9:45 p.m. Councilmember McCourry made a motion to refer this back to DRC for further study and to address the issue with the Billingsley Corporation and the City of The Colony,. second by Ward; motioll passed with all ayes. 3.6 Discuss proposed definitions for signs allowed in public right-or-way and signs concerning lots for sale and provide direction to staff (Persaud) Harry Persaud reviewed the recently approved sign ordinance and stated that recently "Lot for Sale" signs have appeared in the public right-of-way. He presented several options and asked for Council direction on whether to proceed with possibly changing some definitions that would clarify for the Code Enforcers on how to treat such signs. It was determined that with the city attorney's assistance a draft ordinance will be prepared for their consideration. Citizen Don 6 .---- o u 0 ' t) () _I. ;"" ,'. March 7, 2005 Brody told the Council that the Lot for Sale signs have resulted in the sale of some vacant lots on Stewart Peninsula, which results in tax revenue for the city. I 3.7 Discuss the May ICSC tradeshow to determine which council members will attend (Terrall) EDC Director Tom Terrall told the Council that the EDC board will pay for three city council members to attend the ICSC trade show. He added that having council members in attendance was an advantage in reaching possible prospects. Discussion followed regarding who should go, in light of the upcoming council election. Perry Schrag motioned that the same team go, which includes council members Harris, Marks and Schrag; second by McCourry; motion passed with all ayes. 3.8 Discuss and consider possible reorganization or dissolution of the Code Enforcement Advisory Committee and provide direction to staff (Dillard) Mayor Dillard proposed that a board be created for code enforcement and an ordinance be prepared defining the duties. Councilmember Harris said to keep the existing committee in tact until that time. Councilmember Marks said that he and Councilmember Bayliss are on the committee and asked Bob Hager about how this could/would change if a board is created. Bob said that council could set up the membership however they choose, which could allow council members to I be on the board. It was determined there will be seven board members, and the city attorney will prepare a draft ordinance. 3.9 Discuss and consider possibly creating a Special Events Board and provide direction to staff (Harris) Mayor Dillard pulled this item stating it will be discussed at a future meeting. 3.10 Discuss and consider appointments to the Board of Adjustment (Council) Councilmember Harris asked for this item to be postponed until the March 28th council meeting so that other interviews could be conducted prior to making the appointments. Motion to postpone until March 28'h - Harris,. second by McCourry; motion passed with all ayes. I 4.0 I EXECUTIVE SESSION I 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Local Government Code to consult with the city attorney regarding pending litigation between the City of Frisco, North I 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 Local Government Code to consult with the city 7 o U <.~ ' I) . c J... ,,' "_: March 7, 2005 attorney regarding pending litigation between the Honky Tonk Restaurant and the City of The Colony. Executive Session convened at 10:20 p.m. Reconvened to Open Session at 10:40 p.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. This item was not addressed. B. Any action as a result of executive session regarding pending litigation between the Honky Tonk Restaurant and the City of The Colony. No action taken on this item. And with no further business to address the meeting was adjourned at 10:41 p.m. ATTEST: r:"ld-d& iJ4Ch d hristie Wilson, TRMC, City Secretary - 8