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Home My WebLink About07/11/2005 City Council July II, 2005 0081~)~_1 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON I JULY 11, 2005 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:12 p.m. on the 11th day of July 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 Absent Kirk Mikulec 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 I Invocation - First Baptist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- None Announcement of upcoming civic events and activities 1_ Economic Development Director Tom Terrall reported that council members Schrag, Harris, and Marks, along with he and assistant Cindi Lane, attended the International Conference of Shopping Centers in Las Vegas in May. He advised they worked in three teams and had fifteen appointments with prospects, as well as several "cold calls". Mayor Dillard expressed his a reciation for the street swee er. CONSENT AGENDA Consider approval of minutes of council meeting held June 20, 2005 (Denton) Consider approval of a resolution authorizing the city manager to sign a construction contract for certain roads in Austin Ranch (Scruggs 2.4 Consider approval of a resolution authorizing the city manager to sign a professional services contract for the annual audit of the city's financial statements (Sparkman) 2.5 Consider approval of an ordinance authorizing the issuance of the City's General Obligation Refunding Bonds, Series 2005; levying an annual ad valorem tax for the payment of said bonds; establishing procedures for the I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. 1 July 11, 2005 00819,_ sale and delivery of the bonds; and enacting other provisions relating to the subject (Koo) 2.6 Consider approval of a resolution authorizing the appointment of Sue Parks as representative and Sandi Gehrke as alternate representative to the North Texas Regional Library System for term ending August 31,2007 (Sveinsson) 2.7 Consider approval of an ordinance denying ATMOS Energy Gas Reliability Infrastructure Program (GRIP) rate increase (Sparkman) 2.8 Consider approval of postponing the Regular Session council meeting scheduled for July 18, 2005 until July 25, 2005 (Cheatham) Motion to approve above consent agenda items- Ward; second by Schrag; motion passed with all ayes. Item 2.3 was pulled from the consent agenda at the request of the city attorney who advised this item needs a public hearing. It will not be addressed at this meeting. 13.0 1 REGULAR AGENDA ITEMS I Mayor Dillard advised the order of the regular session items will be changed so that item 3.9 can be addressed first. 3.9 Discuss and consider authorizing the installation of a residential grade cooking stove at the Senior Center (Mikulec) Citizen Input- Sue Walden and Sheilia Munden spoke to the council in support of this item. It was noted that what they are requesting is a 30" residential stove and vent-a-hood, and that they have collected $1,090.00 toward the purchase. They would like to continue their fund raising efforts but want to have permission from the city council for the installation before they pursue it further. A commercial stove and installation would cost approximately $14,000-$15,000. The purpose for the stove is for the senior citizens' covered dish dinners and occasional fundraisers. Sue Walden also added that the Seniors would also like [for the Senior Center] a sofa, outside grill and patio cover, and a sound system. City Manager Dale Cheatham added that a residential stove would be allowable, with council approval, ifno classes are to be held at a cost from $3,000-$4,500. Mayor Dillard read comments from citizen Alyce Rufi, who also is in favor of the stove installation, and then read comments from absent council member Joe McCourry. Mr. McCourry is in favor of a commercial stove. Councilmember Kirk Mikulec reviewed the Code of Ordinances stating that the fire marshal advised no sprinkler system is required, and that it should not raise the city's liability insurance for a residential stove in the Senior Center. He advised city has no funds to cover the cost of the stove and installation. Additionally, he said that this project has resulted in positive community - involvement. Councilmember Mikulec stated he is in favor of a residential stove. Mayor Dillard stated his concern in about fire issues. He is in favor of a commercial stove, as is Councilmember Ward. Councilmember Harris advised he 2 July II, 2005 o 0 8] ~!. has always been in favor of a commercial stove, however, that the city does not have the funds. He asked if there was ever a stove in the building plans. I Assistant Parks Director Sam Fitzgerald advised the only preliminary plans that included a stove were in January of 1996 for the remodel of the government center, and that stove was already in existence there. Councilmember Schrag advised he is leery of any stove being installed and will not consider either a commercial or residential until the issue of whether or not a sprinkler system is required resolved. Motion to approve a residential stove if the money for it is raised by donations, if there is no requirement for a sprinkler system, and there is a leUer in place stating there will be no classes,. second by Marks; motion failed with the following vote: Ayes- Mikulec, Marks Nos- Dillard, Harris, Ward, Schrag Further discussion resulted in asking for this item to be brought back to council at the next meeting. Since there may be a discrepancy between the Fire Code and Building Code on the matter of a sprinkler system, the city attorney will review. Councilmember Marks suggested to the Seniors in attendance that they continue to work on a plan for raising the funds for this project. 3.1 Public hearing and discuss and consider approval of the North Main Street I Overlay District (Bateman) Planning Director Donna Bateman reviewed the history of this item, stating that in February the Council preferred Option One for staff to pursue. The proposed district boundaries are from south of the bridge on F.M. 423 to Witt Drive, Overlake Drive and Elm Street (see attachment.) She added that the purpose is for less stringent requirements, which will reduce overall development costs, in order to promote development. Councilmember Marks stated he is against lowering the standards. Councilmember Harris added that he has no problem with having the proposed building standards along Elm Street, but does not want it for Main Street, due to this being the northern entrance to The Colony. Councilmember Schrag stated he thinks for the smaller lots in the area it would be okay to have fewer trees. He also said he thinks asphalt paving is okay because the streets are asphalt, but is concerned with the term "alternate paving". Mayor Dillard opened and closed the public hearing at 8:03 p.m. with no one wishing to speak. City Attorney advised council that they can make some modifications and a new ordinance will be presented to them at a later date. I Motion to approve with the roads being specifically stated as concrete or asphalt- Schrag; second by Mikulec,. Councilmember Harris asked Councilmember Schrag if he would amend his motion to change the boundaries from East Lake Highlands to the south, since the 3 00819u July II, 2005 lots to the north are large. Councilmember Schrag declined to make that amendment to his original motion. Motion failed with the following tie vote: Ayes- Dillard, Mikulec, Schrag Nos- Harris, Ward, Marks 3.2 Public hearing and discuss and consider approval of an ordinance changing the zoning from PD-9 to PD-20 on a 24.813 acre site generally located at the northeast corner of the intersection of Memorial Drive and South Colony Boulevard and approving the site plan for LISD Natatorium (Bateman) Donna Bateman advised Council that this item would actually require two separate votes due to the zoning of the entire section of land, and the site plan for the natatorium does not include all the property. The remaining area is reserved for a future middle school. She added that the property is included in the Trail Master Plan along Memorial Drive and South Colony, and that there is a request for a wrought iron fence [rather than masonry] since this is school property. The number of parking spaces correlates with the maximum seating of the natatorium. Mayor Dillard opened and closed the public hearing at 8:20 p.m. with no one wishing to speak. Motion to approve zoning change on subject property- Harris; second by Schrag; motion passed with all ayes. Motion to approve natatorium site plan- Schrag; second by Harris; motion passed with all ayes. 3.3 Public hearing and discuss and consider approval of an ordinance amending the PD-16 zoning district on a 15.922 acre site located on the southeast corner of the intersection of South Colony Boulevard and Memorial Drive and approving the site plan for Sonoma Grande at The Legends (Bateman) Donna Bateman advised council this is the second phase of the multi-family development. Phase two consists of 294 units. Mayor Dillard opened the public hearing at 8:26 p.m. Councilmember Ward asked if this is a separate apartment complex. Nick Sulkowski with Kimley Horn advised this is the second phase of the overall development plan but it is not designed to be connected to the existing Estancia Apartments. He added that the standards for this complex are equal to or higher than Estancia. Some units will have garages. -,.. Public hearing was closed at 8:29 p.m. Motion to approve- Harris; second by Ward; motion passed with all ayes. 4 July 11,2005 00819'~ 3.4 Public hearing and discuss and consider approval of an ordinance amending PD-12 zoning district on a 0.0986 acre site located northwest of the I intersection of Saintsbury Drive and West Arbor Hills, specifically Spencer House masonry requirements (Bateman) Donna Bateman advised the council that this zoning amendment is for the historic Spencer House, which was recently moved from Lewisville to Austin Ranch. She said the twenty-five percent masonry will be around the foundation of the structure. Mayor Dillard opened the public hearing at 8:33 p.m. John Collins of Lewisville spoke, saying he is familiar with the house and asked the city council to save it. Public hearing was closed at 8:35 p.m Motion to approve- Schrag; second by Marks,. motion passed with all ayes. 3.5 Discuss and consider approval of an ordinance amending Chapter 6 Article II of the Code of Ordinances regarding abandoned signs (Bateman) Donna Bateman advised the current code of ordnances does not require I businesses to remove signs from their buildings after businesses are no longer located there. She added that the property owners are responsible for the signage on their property. The request is to add a requirement for removal of the signs to the Code of Ordinances. Councilmember Harris said some local realtors feel it an advantage for the signs to stay up. Discussion among council members followed regarding possibly including a time limit to leave the signs up and fine responsibility. Motion to table indefinitely- Schrag,. second by Marks; passed with all ayes except for Dillard and Mikulec who voted no. 3.6 Discuss and consider approval of waiving the application fee for Specific Use Permit Amendment for Trinity Presbyterian Church (Bateman) Donna Bateman advised Trinity Presbyterian has requested a waiver of the application fee for their SUP amendment. Councilmember Kirk Mikulec advised that other churches that have done renovation projects have paid the required fees and feels the city should be consistent. I Motion to approve- Ward; motion failed for lack of a second. 5 . OU8190 July 11,2005 3.7 Discuss and consider approval of a resolution authorizing the city manager to sign an architectural contract for a proposed fire station on North Colony Boulevard and provide direction to staff regarding construction management (Nolen) Fire Chief Mike Nolen advised the Council this item is for approval of an architectural contract and also for direction regarding construction management. Regarding construction management, Chief Nolen said there are two options. The first is to use a general contractor, and the second is a Construction Management At Risk contract with Guaranteed Maximum Price. He advised he recommended the second option. Citizen Michael Barrett spoke in favor of the fire station and added that ISO ratings should improve. Lynda Bayliss and Don Brody also spoke in favor of the fire station. Motion to approve architectural contract for the North Colony Fire Station and to proceed with the Construction Manager At Risk- Marks; second by Ward; motion passed with all ayes. Dale Cheatham advised a contract for Construction Manager At Risk will be brought to Council at a later date. 3.8 Discuss and consider approval of a resolution authorizing the city manager to sign a contract for the design of a proposed fire station for Austin Ranch (Nolen) Mike Nolen advised the design phase of the Austin Ranch station is required prior to the city taking possession of the land set aside for the station. Motion to approve- Harris; second by Ward; motion passed with all ayes. 3.10 Discuss and consider appointment of council liaison to Planning and Zoning Commission (Dillard) Councilmember Harris stated that the Planning and Zoning Commission would like to have a council liaison assigned to them. Motion to appoint Kirk Mikulec as P&Z liaison- Harris; second by Ward,. motion passed with all ayes, except for Mikulec who abstained. 3.11 Discuss and set council meeting date to interview board applicants and make appointments (Dillard) Motion to interview board applicants on August 17, 2005 at 7 p.m- Ward; second by _._--,- Schrag; motion passed with all ayes. 6 July II, 2005 00819'J 3.12 Discuss and consider a resolution authorizing the city manager to sign a professional services contract for the creation of a S.H. 121 Corridor Master I Plan (Bateman) Donna Bateman advised council that she believes it is time for the city to create a master plan to guide future development along S.H. 121. She added that the new toll-way elevation can be taken into account during the process. Discussion followed among council members and the city attorney regarding whether this master plan would supercede the S.H. 121 overlay district that is now in place. Bob Hager advised that it will, but this master plan will also set out long-range plans and land uses. At 9: 15 p.m. Councilmember Harris requested an executive session with the city attorney on this matter. Council reconvened to open session at 9:25 p.m. Motion to approve- Harris,. second by Marks; motion passed with all ayes. 3.13 Discuss and consider approval of a resolution approving a developer agreement with Pulte Homes for acquisition of utility easements (Scruggs) Gordon Scruggs addressed council stating he has been working with Pulte Homes on the required easements for water and waste water services to Wynnwood Peninsula for some time, and that a significant portion are located in the city of I Frisco. He summarized the agreement that includes permanent utility and temporary construction easements for Wynnwood Peninsula at no cost to the city. He added that access to Hidden Cove Park will be maintained via Stonebrook Parkway. As part of this agreement the city will abandon Hackberry Road. Attorney Ryder Scott who has been working on the agreement told the Council that there are no issues with Frisco regarding the abandonment; that it is all within the City of the Colony. Councilmember Harris voiced his concern over potential issues with the city's boundaries. Attorney Bob Hager said that a clause can be added stating there are no alterations to The Colony's boundaries or ETJ as a result of the developer agreement. Councilmember Ward asked whether the signs for Hidden Cove Park will be relocated. A Pulte Homes representative, Mark Harkis, said they will work with the park on the signs. Motion to approve the Developer Agreement as amended- Harris; second by Marks; motion passed with all ayes. 3.14 Discuss and consider approval of an ordinance approving abandonment of a section of Hackberry Road (Scruggs) Ryder Scott advised this is a condition of the developer agreement (item 3.13) Bob Hager advised the Council this abandonment does not alter any of The I Colony's jurisdictions, only the ownership of this specific area. Motion to approve- Schrag; second by Ward; motion passed with all ayes. 7 July II, 2005 OU819 14.0 I EXECUTIVE SESSION I 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS 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. B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Local Government Code to deliberate an amendment to an economic development incentive agreement for a business prospect. C. The City Council shall convene into closed executive sessions pursuant to ~ 551.071(2) of the TEXAS LOCAL GOVERNMENT CODE to consult with the Attorney to seek legal advice concerning a contract between the City of The Colony and Billingsley Corporation regarding the development of Austin Ranch. D. Council shall convene into a closed executive session pursuant to Sections 551.071 and 551.072 of the TEXAS LOCAL GOVERNMENT CODE to discuss with .the city attorney potential litigation, real property deliberations and acquisition of property along State Highway 121 located in the central portion within the jurisdiction of The Colony. E. Council shall convene into a closed executive session pursuant to Section 551.074 (a)(l) of the TEXAS LOCAL GOVERNMENT CODE to deliberate the evaluation of a public officer or employee to wit: City Manager. Council convened into Executive Session at 9:50 p.m. Council reconvene to Open Session 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 not addressed. B. Any action as a result of executive session regarding amendment to an economic development incentive agreement for a business prospect. Motion to approve an amendment to the Development Agreement between the City of The Colony and Jackson/Shaw Cascades Limited Partnership to provide an extension to August 1, 2005 as provided in Section 6.11(v) of said agreement- Harris; second by Mikulec; motion passed with all ayes. C. Any action as a result of executive session regarding contract between the City of The Colony and Billingsley Corporation regarding the -- development of Austin Ranch. No action taken on this item. 8 July 11, 2005 OU819~J D. Any action as a result of executive session regarding potential I litigation, real property deliberations and acquisition of property along State Highway 121 located in the central portion within the jurisdiction of The Colony. No action on this item. E. Any action as a result of executive session regarding city manager evaluation. Motion to approve a 3% pay increase-Mikulec; second by Ward; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 12:35 a.m. I ATTEST: atthew D. 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