The URL can be used to link to this page

Home My WebLink About05/02/2005 City Council May 2, 2005 MINUTES OF REGULAR SESSION OF COUNCIL (>~THOO HELD ON I MAY 2, 2005 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 2nd day of May 2005, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen Harris Councilmember Absent (Business) Scott Ward Councilmember Present Joe McCourry Mayor Pro-tern Present Lynda Bayliss Councilmember Present Perry Schrag Councilmember Present Joel Marks Councilmember Present And with six council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Joel Watson with Colony Park Baptist Church I Pledge of Allegiance to the United States Flag Salute to the Texac; Flag Citizen Input- Mike Roznovsky stated that he is not responsible for a recent email sent to the city council. He added that the new custodians of Stewart Creek Park are good neighbors. Scott Montgomery stated his concern about stored items [equipment] on the Corp of Engineers property behind the residences. Donald Burton stated his concerns are much the same but added that the Parks Department should communicate more with the residents who have property lines adjacent to the Corp property. The Mayor advised the city manager would send a letter to the residents addressing their concerns. Announcement of upcoming civic events and activities 1_ Mayor announced last day of early voting will be May 3, 2005 (tomorrow) and that election day is on Saturday May 7th with one polling location at Camey Elementary. [2:'0-, CONSENT AGENDA I 2.1 Consider approval of minutes of council meeting held April 18, 2005 (Wilson) 2.4 Consider approval of the resignation of Kirk Mikulec from the Planning and Zoning Commission effective May 17, 2005 (Council) I t These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 May 2, 2005 008J .3_ 2.5 Consider approval of a resolution authorizing an expenditure from the Municipal Court Technology fund of $2,922.50 for the annual maintenance agreement for ticket writing equipment (Clark/Plemmons) Motion to approve above consent agenda items- McCourry; second by Marks; motion passed with all ayes. Item 2.6 was pulled for discussion by Councilmember McCourry. 2.6 Consider approval of a resolution authorizing an expenditure from the Community Development Corporation (4B) fund for a citizen survey regarding parks and recreation services (Nelson) Citizen Jeff Connelly stated he is concerned about spending money on a survey when historically there are not enough participants for a good sample. He said this would be paid for by 4B money, which is still paid by taxpayers. Citizen Joyce Fulco told the Council that she is concerned with some of the questions in the survey. She said the beginning discriminates against women and that city employees shouldn't be excluded. Councilmember McCourry asked Pam Nelson for an explanation for the beginning paragraph of the questionnaire that tells the surveyor to ask for a male to answer the questions rather than a female. She introduced Mark Peterson with Hometown Survey who explained this method is standard in order to get a fifty- fifty split between men and women, since women are often the ones who answer ~._- the phone. He added there is no bias intended. Councilmember Marks asked the number of survey participants. Mr. Peterson said about 2,000 calls would be made with about 400 responses. Councilmember Marks also asked Ms. Nelson what the intent of the survey is. She replied that they need to see if they are on track with what the citizens want in the way of parks facilities and how essential the services are. She added that they will be able to isolate different subdivisions in town. Councilmember McCourry asked if the opening question could ask for "head of household" and Mr. Peterson said they would change it. Motion to approve striking the first paragraph concerning female responses, and asking for "Head of Householrt"- McCourry; second by Bayliss; motion failed with the following tie vote: Ayes- Dillard, McCourry, Bayliss Nos- Ward, Schrag, Marks Item 2.3 was pulled for discussion by Councilmember McCourrv and requested it be addressed in the Regular Agenda. 2 . . May 2, 2005 Item 2.2 was pulled for separate vote by Mayor Dillard. o U B J ':~_ . 2.2 Consider approval of an ordinance amending the Code of Ordinances, I Section 12-118.1 Drought Contingency to meet requirements of the Texas Commission on Environmental Quality (Scruggs) Motion to approve-McCourry,. second by Schrag,. motion failed with the following tie vote: Ayes- Ward, McCourry, Marks Nos- Dillard, Bayliss, Schrag /3.0 I REGULAR AGENDA ITEMS J 3.1 Discuss and consider approval of a site plan for a LISD bus parking facility located on a 5.436 acre tract situated in the T. Wilson Survey, Abstract no. 1352, located on the south side of Cougar Alley, west of Nowlin Drive {Persaud} 7:30 p.m. The Mayor announced that Council wanted to confer with the city attorney Joe Gorfida on this item. Councilmember McCourry stated he would also like to discuss item 2.3 and 3.5 during the same Executive Session. 8:25 p.m. Resumed Open Session Harry Persaud explained the site plan and added that wrought iron fencing will be used along Cougar Alley as well as 4 ft. screening plants, and that LISD is I requesting the use of barbed wire along the top of cyclone fencing in other areas of the perimeter. Councilmember McCourry questioned LISD representative Mark Ross about lighting for the facility. Mr. Ross said there will be 35 ft. flood lights around the perimeter on timers. He added the TXU won't allow [tall] lighting in the easement. Mr. Ross also told the Council that the reason they are requesting a site in The Colony is because the schools have to pay for approximately fifty buses to travel back and forth from Lewisville and the money saved could be used in the classroom. Only LISD buses will use the facility. Phase II of the project should start a couple of months later. Mayor Dillard advised the concerns of the council include the use of the barbed wire and also asked if 6 ft. plants could be used for screening. Councilmember Schrag added he would like to see those planted as soon as possible. Mr. Ross said he will check on the use of taller plants. Councilmember McCourry suggested they look at other security options rather than using barbed wire. Councilmember Marks made a motion that Council approve the item with the P&Z stipulations, adding 6 ft. plants and leaving the barbed wire as is. Motion failed for lack of a second. Motion to approve with P&Z stipulations, adding the 6ft. plants, and no barbed wire-McCourry; second by Ward; motion passed with all ayes except for I Schrag who voted no. 3.2 Discuss and. consider approval of a site plan for Wachovia Bank located on a 1.261 acre tract situated in the T. Wilson Survey, Abstract No. 1352, located at the northeast corner of Main Street and S.H. 121 (Persaud) 3 May 2, 200S f'f\O' ,~n Harry Persaud explained the site plan and added that the developer must get a demolition permit for the existing gas station. Consultant Rhett Niewinski addressed the Council and stated that since the site plan was prepared they have decided to remove one tree in order to improve an area for a sign. Mr. Persaud they still comply with the landscaping requirements. Motion to approve with P&Z stipulations- Schrag; second by Ward; motion passed with all ayes. 3.3 Discuss and provide direction to staff regarding the proposed Eastvale Overlay District (Persaud) Harry Persaud advised Council that he is presenting two options for discussion and direction from Council, one being for the Elm Street area only and the other for Main Street and Elm Street areas. He reviewed the proposals for landscaping, exterior walls of buildings, masonry screening walls, and paving standards. He added that, based on feedback from various developers, there may be a need to relax the current building standards in order to encourage development. He also reminded Council that this project did not start from staff recommendations, but from Council. Further discussion included the small size of the lots, location in relation to the wastewater treatment plant, and existing streets in the area being asphalt. Consideration has also been given to the future widening of Main Street. Motion to direct staff to pursue Option 1 (Main & Elm)-Schrag; second by Bayliss; motion passed with all ayes exceptfor Ward and Marks who voted no. 3.4 First reading and discussion of an ordinance amending the Chapter 6 Health and Sanitation of the Code of Ordinances by adding Article V Rental Registration Program (Persaud) Harry Persaud explained to Council that this is a free registration program to begin the collection of data regarding rental properties, and that Internet registration will be available. This is not an inspection program but that would be brought to Council at a later date. It was noted that this registration is much less costly than actual inspections. The ordinance does allow citations to be written for non-compliance. Mayor Dillard read the caption of the ordinance. No direction was given to staff regarding content of the proposed ordinance. Item 2.3 was pulled from consent agenda bv Councilmember McCourrv for discussion. 2.3 Consider approval of a resolution authorizing a rate adjustment for IESI solid waste collection as authorized by contract (Gilman) Councilmember McCourry asked for further explanation of the Consumer Price Index being used to support this request. Mike Wilson with IESI explained the reasons for the request and added the cost of fuel has had a huge impact on operations. 4 May 2, 2005 008 1 I.t (} .L. ... t.. Citizen Jeff Connelly stated that since the vendor has a clause in the contract for a rate increase that Council should approve this but not the fuel surcharge as I requested in item 3.5. Motion to table until the next meeting to provide time to study the CPI- McCourry; second by Marks,. motion passed with all ayes. 3.5 Consider approval of a resolution authorizing contract amendment for a temporary fuel surcharge as requested by IESI (Eubanks) Motion to table until the next meeting- McCourry,. second by Marks; motion passed with all ayes. 3.6 First reading and discussion of an ordinance amending Chapter 2 Boards and Commissions of the Code of Ordinances by adding a council appointed Code Enforcement Advisory Board and reserving certain sections (Council) Mayor Dillard read the heading of the ordinance and stated that since the current Code Enforcement Committee discusses important issues concerning the city that a council appointed board should be created. Citizen John Fowler asked the Council to act quickly on this and to keep the same people who are on the committee as board members. Councilmember Marks added that the current committee members work well together. Mayor Dillard advised Council to I consider the number of board members they would like to have. I 4.0 !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 Texas Municipal Water District and the City of The Colony. This item was not addressed. And with no further business to discuss the meeting was adjourned at 9:30 p.m. APPROVED: Dillard, Mayor ty of The Colony ATTEST: I ~ s