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Home My WebLink About01/09/2006 City Council January 9,2006 O U B~.J L:.. ~> 1_,--,0 I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JANUARY 9, 2006 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 9h day of January 2006, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris Scott Ward Joe McCourry Kirk Mikulec Perry Schrag Joel Marks Mayor Councilmember Councilmember Mayor Pro-tern Councilmember Councilmember Councilmember Present Present Present Present Present Absent (business) 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 - Fresh Manna Church, Sonia Blackwell Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- Carlos Gallardo of Frisco introduced himself and announced he is a candidate for Justice of the Peace, Precinct 2. Recognition of outgoing CDC board members- Pam Nelson recognized outgoing board members Richard Boyer and Bunker Hill for their years of service and accomplishments. Plaques were prepared and Mr. Boyer was present to accept his. Announcement of upcoming civic events and activities 1_ City Engineer Gordon Scruggs gave council an update on the construction at the wastewater treatment plant. He noted that the project may be completed in February ahead of schedule. He also explained the reasons for the recent odor coming from the plant, and added that changes have been implemented to improve the situation. Project manager David Jackson with Freese Nichols was present to further explain the reasons for the odor problem. He said after completion of the project any odor that may come from the plant should be more of an "earthy" smell. Mayor Dillard announced that TxDOT has public hearings scheduled regarding the tolling of the new S.H. 121. One meeting will be at The Colony High School on January 24,2006 beginning at 6 p.m. I I I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. January 9,2006 o (J g ::~ :~ I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held December 5 and December 12, 2005 (Wilson) 2.2 Consider approval of council expenditures for the month of November (Wilson) 2.4 Consider approval of an ordinance amending Chapter 9 of the Code of Ordinances by adopting the 2003 edition of the International Fire Code, with amendments (SI05-0023 Bateman) 2.5 Consider approval of a resolution authorizing the city manager to sign an agreement with the Texas State Library & Archives Commission for acceptance of a Loan Star Library Grant (Sveinsson) 2.7 Consider approval of an ordinance amending the 2005-2006 budget and authorizing the transfer of funds from the General Fund Balance to fund facility maintenance needs at the Animal Control building, to repair damage and make necessary accessibility and operational improvements (Eubanks) Motion to approve above consent agenda items- Harris; second by McCourry; motion passed with all ayes. Mayor Dillard moved item 2.3 to the Regular Agenda for discussion. Councilmember Marks asked that items 2.6 and 2.8 be pulled from the Consent Agenda for discussion. 2.6 Consider approval of a resolution authorizing the city manager to enter into an Interlocal Cooperation Agreement with the North Central Texas Council of Governments to perform traffic signal timing studies at nine signalized intersections, and to authorize the expenditure of $10,520 in matching funds to fund The Colony's 20% share of the project (Eubanks) Public Works Director Steve Eubanks reviewed the nine locations that will be included in the study, those being along Paige Rd/ PIano Parkway, Windhaven, and Blair Oaks. The NCTCOG approved the city's request as part of an air quality program. Discussion followed with Steve explaining that lights close to S.H. 121 will have to work in conjunction with the state's traffic lights and may need some future adjusting to accomplish proper timing. Motion to approve- Marks; second by McCourry; motion passed with all ayes. 2.8 Consider approval of an ordinance amending Chapter 10 of the Code of Ordinances by adding Section 10-11 prohibiting engine exhaust breaking (Harris) Councilmember Harris explained that large trucks, particularly while going down hill, generally use this type of breaking. They can also be used as an emergency stopping system. City attorney Bob Hager said this is enforceable in court. Police Chief Joe Clark advised the council he is neutral on the subject. Motion to approve- Marks; second by McCourry; motion passed with all ayes. 2 January 9,2006 UUV>,j ,/ - () l"'li ,.1 . 2.9 Consider approval of a resolution adopting an Access Control Plan for S.H. 121 and F.M. 423 in the City (Scruggs) I Gordon Scruggs said that the plan reflects the current requirements for driveways, and once approved by TxDOT, the access management plan will govern future access requests made by property owners and developers along TxDOT roadways within the city instead of following TxDOT's requirements. He added that deceleration lanes are not included in this plan. Motion to approve- Marks; second by Ward; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I (Mayor Dillard asked for Consent Agenda item 2.3 to be moved to the Regular Agenda for discussion.) 2.3 Consider approval of an ordinance authorizing the issuance and sale of the City's Combination Tax and Surplus Revenue Certificates of Obligation, series 2006; levying an annual ad valorem tax and providing for the security for and payment of said certificates; providing for an effective date; enacting other provisions relating to the subject (Koo) I Assistant City Manager Tony Johnston introduced Jason Hughes with First Southwest who summarized the sale of the certificates today at 4.367 percent with a twenty-year debt. Motion to approve- McCourry; second by Ward; motion passed with all ayes. 3.1 Conduct a public hearing and discuss and consider an amendment to Planned Development 7 (PD7) regarding accessory structures. The Planned Development is located in the southwest portion of the City on the west side of Main Street (Z05-0008 Bateman) Donna Bateman told the council her presentation is for both 3.1 and 3.2. She said the requests would allow for PD 7 and PD 15 to have accessory structures that are not the same as the rest of the city. She also said that P&Z is going to consider (the following night) amendments for accessory structures citywide. I Public hearing opened at 7:55. Mary Lawson asked if her storage building would be grandfathered since was built with permits being issued by the city. Donna advised her that it would be. Troy James asked for clarification of the distance to the property line. Tony Barrillo asked whether patio covers and arbors would be allowed. Donna advised that will be covered under separate regulations. She noted that some "side yards" have the patio and not the rear yard, so consideration will be made for those. Steve Hilton stated he had a side yard. Public hearing closed at 8:02 p.m. Motion to deny- Harris; second by McCourry; motion passed with all ayes. 3 January 9,2006 U U <.> ' )'. (J l..../ .~) 3.2 Conduct a public hearing and discuss and consider an amendment to Planned Development 15 (PDI5) regarding accessory structures. The Planned Development is located in the southwest portion of the City (Z05- 0007 Bateman) Public hearing opened and closed at 8:06 p.m. with no one wishing to speak. Motion to deny- Harris; second by Ward; motion passed with all ayes. 3.3 Discuss residential rental property registration requirements and provide direction to staff (Bateman) Donna Bateman said council requested this item. She said there have been 660 registrations to date. She also said the city attorney advised the tenant's drivers license may not be necessary on the registration form. Councilmember Marks said that information the city may need as far as rental property goes is already available on the water application and through the Denton Central Appraisal District. He would like to eliminate the registration. Councilmember Harris agreed that too much information was being requested on the registration form. Citizen Susan Horn said she owns several properties but never received the registration form. She believes this regulation should be rescinded and a better plan established. She added that apartments sometimes are in poor condition also, not just homes. Marsha Barron said she's been a property manager in The Colony for 25 years. She suggested modifying the water application to get the needed information. She also said she doesn't believe rentals can be treated any different than owner-occupied properties. Joe Shirley asked council to repeal this ordinance. Sandy Shore said that the city inspectors should be able to observe code violations. Paul Newman thanked the council for addressing this problem. He said rental property near his home is in disrepair and the property owner doesn't take care of the problems. He thinks the certificate of occupancy is a good idea. Councilmember Harris said he would like to revise the document and perhaps use the water application, look at the fee and move toward an inspection program. Councilmember Marks suggested sending this back to the Code Enforcement Advisory Board to review the form and the fee. Councilmember Mikulec suggested using the water application and is also in favor of an inspection program. Councilmember Ward commented that the DCAD takes too long to update its records, and is in favor of using the water application for information. Any enforcement action of this ordinance will be suspended until after the Code Enforcement Board meets and a recommendation is made. 3.4 Discuss and consider approval of an ordinance amending Chapter 10 of the Code of Ordinances, Article III Food and Food Establishments, requiring retail food handlers working within the City of The Colony to obtain and maintain a valid food handlers card upon completion of an approved food safety course (8105-0001 Bateman) 4 I I I January 9,2006 UU<.lH o ,;~~ '~.~ , .1 Councilmember Ward asked about possible exemptions for churches and concession stands. He also mentioned grocery store stockers and Edward Don as being affected by this ordinance. Councilmember Harris is against any exemptions but believes the organization or business should be responsible for the training of its employees. Councilmember Mikulec believes the owners should bear any cost, and perhaps concessions should require one person on duty to have a card. Staffwill work on changes to the proposed ordinance and bring back to council. 3.5 Discuss and consider approval of a resolution authorizing the city manager to sign an engineering services contract with Chiang, Patel & Yerby, Inc. for the preparation of a Preliminary Design Report for replacement of water mains on residential streets (Scruggs) Gordon Scruggs told the council this contract is to prepare a preliminary design report and cost projections for water main replacements on sections of the following streets: Nash, Ragan Place, Crawford, Pruitt, Wagner, Wheeler, King, Woodruff, and Kisor. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.6 Discuss and consider approval of a resolution authorizing the city manager to sign a construction services contract for erosion repairs north and west of the Aquatic Park (Scruggs) Gordon Scruggs said this project will repair erosion of the channel east and west of the Aquatic Park. The retaining wall and fencing will be replaced, along with excavation and re-shaping the channels. Motion to approve- McCourry; second by Harris; motion passed with all ayes. Council convened the Executive Session at 9:15 p.m. I 4.0 I EXECUTIVE SESSION 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 closed executive session pursuant to Section 551.071 (2) of the TEXAS LOCAL GOVERNMENT CODE to consult with the city attorney concerning possible annexation of extraterritorial jurisdiction adjacent to the City . Reconvened to Open Session at 10:06 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. 5 January 9,2006 U U t' -J;. o ;~. ;... No action. B. Any action as a result of executive session regarding possible annexation of extraterritorial jurisdiction adjacent to the City. Councilmember Harris read the following motion: I move to give authorization to city staff to initiate annexation proceedings for property south ofS.H. 121 up to Lewisville city limits; and, to authorize city staff to begin the annexation process for the property commonly known as Water's Edge. Motion was seconded by Councilmember Ward; motion passed with all ayes except for McCourry who voted no. And with no further business to discuss the meeting was adjourned at 10:10 p.m. APPROVED: J Dillard, Mayor . y of The Colony ATTEST: 1tf:~c, e;&~'dary H/frruc U D () iE--J"""-cv~/) 'be pl.A.-ry e.J7"Y se ~ tf.--r' Ac2..- \' 6