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HomeMy WebLinkAbout02/27/2006 City Council February 27,2006 00 8 2 ~ij I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON February 27, 2006 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 27th day of February 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 Present Present And with seven council members present a quorum was established and the following items were addressed: 2.2 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Trinity Presbyterian Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations - Severe Weather Awareness Week- Mayor Dillard presented the proclamation to Fire Chief Mike Nolan. Citizen Input- Mike Carroll introduced himself as a candidate for Constable Pct. 2. James DePiazza introduced himself as a candidate for Justice of the Peace Pct. 2. Judge Darlene Witten advised the Juvenile Justice Information System now available for officers in the field to have immediate information on juveniles. Cynthia Mitchell introduced herself as the Denton County Clerk and reminded voters of election day on March ih. Carlos Gallardo introduced himself as a candidate for Justice of the Peace Pct. 2. Announcement of upcoming civic events and activities 1_ Mayor Dillard reminded voters that early voting for the March 7th Primary Election is through March 3rd. I CONSENT AGENDA I Consider approval of minutes of council meetings held January 16 and February 6, 2006 (Wilson/Denton) Consider approval of council expenditures for the month of January 2006 (Council) I I 2.0 2.1 I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. OU8- i}~1 February 27,2006 . ,~, : 2.4 Consider approval of a resolution awarding low bids to various vendors for annual chemical purchases and soil conditioners (Sparkman) 2.6 Consider approval of a resolution authorizing the Director of Community Services to sign a Facility Use Agreement with the American Red Cross for use of the Recreation Center as an emergency shelter (Nelson) 2.8 Consider approval of Inter-fund transfers (Koo) 2.9 Consider approval of various personnel position changes and related funding (Johnston) Motion to approve above consent agenda items- McCourry; second by Schrag; motion passed with all ayes. Councilmember Marks asked that item 2.3 be pulled from the consent agenda for separate discussion. 2.3 Consider approval of a resolution amending the Master Fee Schedule by adding fees related to Animal Control (Plemons) Councilmember Marks asked for further explanation of the voluntary pet registration. Captain Chris Plemons advised that for the past several years there has been no requirement for pet registration. It will now be offered on a voluntary basis. Motion to approve- Marks; second by Schrag; motion passed with ayes. Councilmember Mikulec asked that item 2.5 be pulled from the consent agenda for separate discussion. 2.5 Consider approval of an amendment to the Community Development Corporation By-laws, Article IV (e) regarding contracts in excess of $25,000 (Nelson) Councilmember Mikulec asked for clarification on the differences of the language. Community Services Director Pam Nelson advised that at present anything above $25,000 must go through the public bid process. The proposed change eliminates that requirement. Motion to approve- Schrag; second by McCourry; motion passed with all ayes except for Ward who voted no. Councilmember Harris asked that item 2.7 be pulled from the consent agenda for separate discussion. 2.7 Consider approval of a resolution authorizing the city manager to sign a Texas Rangers Baseball Youth Camp Agreement (Nelson) Councilmember Harris confirmed with Pam Nelson that the city's only risk on this contract was the $1,000 deposit that would be forfeited if the Rangers organization was to cancel. This amount is used to pay for promotional brochures. Discussion followed regarding the luxury rental suite that was included in the contract for the city at no charge. It was made clear that the city would not be using it but that it would be provided to the Little League for a raffle or other fundraiser. The ability to transfer the use of the suite can be obtained in writing 2 I I I ,\ \ J .. h' I d . f fi' 0 tJ 8 ~! ? from the Rangers orgamzatlOn. T ere IS a so a onatlOn 0 Ifty tIcket vouChers that would be handled in the same way. February 27,2006 Motion to approve with the stipulation that the two items provided by the Rangers to the city, being the luxury rental suite and fifty ticket vouchers, be donated to a charitable organization in our city- Harris Councilmember Harris then amended the motion to exclude the word "charitable"; second by Mikulec; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS 3.1 Discuss and consider appointments to the Animal Advisory Board (Plemons) Captain Chris Plemons stated that due to the city taking over the animal control services in the city, the Animal Control Advisory Board was established and positions on the board need to be filled. Board members recommended are Veterinarian Gregory Darbro, shelter manager Patricia Barrington, Police Captain Chris Plemons, and citizen Jacki Scott. Ms. Scott has experience serving with the Frisco Humane Society. Councilmember Perry Schrag volunteered to serve as the Municipal Official. It was noted that this board reports to the police department and not directly to the council. Motion to approve adding Perry Schrag as the municipal official- Harris; second by Ward; motion passed with all ayes. 3.2 Discuss and consider approval of a site plan for Merlin's Muffler located on the west side of Main Street, north of Lone Star Car Wash and south of Cougar Alley (SP05-0004, Bateman) Planning Director Donna Bateman reviewed the history of this project, which dates back to 2002. She said the site plan includes three buildings, parking lot standards have been met, and that the fire marshal approved a reduced footage of twenty feet for the fire lane. She added that TxDOT has not approved the headwall construction but that is currently under review. Donna also said that some of the original eight stipulations have been addressed and others don't apply at this time. Councilmember Harris requested stipulations number three and number seven remain. Number three states that a certificate of occupancy will not be issued for the muffler shop until the 11,800 square foot retail building has been issued a certificate of occupancy. Number seven is in regarding the type, size and spacing of the trees on the west property line. Bob Hager added that the two stipulations need to be added to the site plan. Motion to approve with stipulations from P&Z April 2002- number three that the certificate of occupancy not be issued for the muJJler shop until the 11,800 square foot retail building has been issued a certificate of occupancy; and seven, the red oaks that were scheduled on the west property line be replaced with Elderica Pines to be placed at seven feet on center and at a height of eight feet at the time ofplanting - Harris; second by Mikulec; motion passed with all ayes. 3 OU82(:".! February 27,2006 3.3 Conduct a public hearing and discuss and consider approval of an ordinance amending Planned Development 16 zoning district concerning temporary uses, located at the northwest corner of the intersection of the Burlington Northern Railroad and State Highway 121 (Z06-0003, Bateman) Donna Bateman advised council that this is the Jackson-Shaw property and the applicant requested to locate a batch plant (to build the interior streets) at the southeast comer for Phase I. She reviewed the operational standards, which includes one to one and one-half acres of property used, lighting, location, and hours of operation. The applicant will request to move the batch plant to another location in the future for Phase II. Mayor Dillard opened the public hearing at 8:00 p.m. Don Brody told the council that he thought 7 a.m. to 7 p.m. is too early and too late for the plant to operate. A representative from Jackson-Shaw, Christopher Gardner, responded by saying that there actually won't be noise at 7 a.m.; that is just the time they will begin preparation. He added that being able to produce the cement on site will greatly reduce the number of cement trucks in the area. Public hearing was closed at 8:05 p.m. Motion to approve to include the operational standards as an exhibit to the ordinance as provided by P&Z and read by staff- Marks; second by McCourry; motion passed with all ayes. 3.4 Conduct the first public hearing and discuss and consider annexation and service plan for approximately 27.723 acres of State Highway 121 Right-of- Way, located south of State Highway 121 (A06-0002, Bateman) Donna Bateman advised this request originated from our fire and police departments and the City of Lewisville. The land being considered for annexation is approximately twenty-seven acres along the S.H. 121 corridor, east and west roadways. This is the first of two required public hearings. Mayor Dillard opened and closed the public hearing at 8:09 p.m. with no one wishing to speak. Motion to approve- McCourry; second by Harris; motion passed with all ayes. 3.5 Discuss and provide direction to staff regarding the possible implementation of a requirement for residential automatic fire sprinklers (Nolen) Fire Chief Mike Nolen told the council he is proposing to increase fire protection for new homes being built over one thousand square feet. He advised sprinkler systems are very effective at saving lives and property. The cost would be one to one and one-half percent of the cost of the home (estimate for a two thousand square foot home would be $2,000 to $4,000 dollars.) He contacted an insurance agent who advised there would be a price break for homeowners insurance of five to ten percent. It was noted that fire sprinkler systems go along with the building code and not the zoning of a particular area. Qualified installers of sprinkler systems are licensed by the state. The Fire Marshall will do the inspections on 4 I February 27,2006 0 U 8 ::! (!, the systems. City Attorney Bob Hager advised this would be an amendment to the fire code, and would include any homes being completely rebuilt as well as new homes (according to size.) Citizen Mike Barrett spoke in favor of the ordinance. Mayor Dillard advised the fire chief to proceed with a draft ordinance that would include the garage area. 3.6 Discuss converting the Senior Center into a multi-use community center to accommodate arts groups and other organizations; discuss changes in hours of operation to accommodate rental; discuss upgrading internal areas of facility and possible expansion; discuss reassignment of operational responsibility to another city department; provide direction to staff (Dillard) I Mayor Dillard advised he added this item to the agenda because he wants to convert the Senior Center to a multi-use The Colony Community Center. Councilmember Kirk Mikulec said he agreed with the mayor on making the change. He asked the city manager for whatever the city has done for the Lakeside Community Theater. Dale Cheatham advised that the city has provided free advertising in the Fun Times magazine and provided space for productions at Five Star, Bill Allen Park, the old Library and the old Senior Center with no revenue to the city. Dollars have been spent for utilities at city facilities, CDC spent about $16k for lighting and sound equipment, off-site storage, and this past year waived the permit fee for the haunted house. Kirk Mikulec advised the Lakeside Arts Foundation has raised approximately $23k since August of 2004. He commended the donors. Councilmember Harris advised that 4B matching funds (for Lakeside Arts Foundation) were strictly for a building located at Five Star. Mayor Dillard stated there needs to be a place for people to meet. The Senior Center building is in need of possibly sound and lighting systems. He wants the name to be The Colony Community Center. Comments by council members include: Councilmember Schrag- doesn't not want to build on but is in favor of the change; would rather put upgrade money towards the "Quint". Councilmember Ward- possibly add a second building; he added that DJ's normally bring their own equipment. Councilmember Marks- concerned about crowds and having enough parking at the site; would like more information. Councilmember Mikulec- wants to get documentation about how often current space is used; in favor of upgrading equipment but not expand the building. Councilmember Harris- against spending money on this at this time. Believes the policy and procedures and operating manual needs to be updated to start providing new services. Councilmember McCourry- stated he has worked on this project for three years and the city has already spent money towards it; supports the project but not in favor of spending money. Mayor Dillard- wants to accommodate as many citizens as possible. I Citizen Christi Martin spoke saying that the $16k CDC money spent on lighting was for the city, not the Lakeside Community Theater (equipment owned by the city). Don Brody said that lighting and a sound system are necessary. He added council should consider the Seniors in their decisions. He said they (the Seniors) think the plan is okay but they would like input on the hours, etc. Allyson 5 U U v ..J p .. O/......\..."oIt-.' February 27,2006 Sprinkle, Senior Center Manager, advised that several rentals are scheduled for the Senior Center next month, and that the Seniors have first right of refusal. Sue Walden said the theater group couldn't use the Senior Center without a stage. She also said that most Seniors don't drive out of town at night (keep some evening activities for them). Citizen Vicki Lea spoke saying she thinks the multi-use plan is good, but asked council to consider the Seniors and the theater uses. Mayor Dillard asked council's opinion on who should handle operations of the center. Councilmember Mikulec would like to leave the responsibility with Parks & Recreation, until usage of the center is established. Councilmember McCourry thought making a change in usage of the building would necessitate changing responsibility, perhaps to the assistant city manager, leaving Parks & Recreation to focus on parks. Council will look at making a change in responsibility after a usage history is established. City Manager Dale Cheatham clarified that for now the responsibility of the center would remain with Parks & Recreation. He will bring some options for a multi-use facility to council at a later date. Recess at 9:25 p.m. Council convened Executive Session at 9:35 .m. 4.0 EXECUTIVE SESSION 4.1 A. Council shall convene into a closed executive session pursuant to Section 551.071 of the TEXAS 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 551.071 (2) of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney and special legal counsel concerning agreements for the expansion and development of S.H. 121 and F.M. 423 and the Memorandum of Understanding. C. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAS GOVERNMENT CODE to seek legal advice from the city attorney regarding proposed rezoning of property along S.H. 121 and amendments to the Comprehensive Land Use Plan. D. Council shall convene into a closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE regarding personnel matters to wit: City Secretary Annual Evaluation. E. The City Council shall convene into closed executive session pursuant to Section 551.071(2) of the TEXAS GOVERNMENT CODE to consult with the City Attorney to seek legal advise concerning Chapter 6, Article II, Signs. Reconvene to Open Session at 11 :30 p.m. to vote on item 4.2 B. 4.2 B. Any action as a result of executive session regarding agreements for the expansion and development of S.H. 121 and F.M. 423 and the Memorandum of Understanding. 6 I February 27,2006 Motion to authorize the mayor and city manager to send a letter to TxDOT regarding changes or additions to the F.M. 423 schematic dated February 7, 2006- Marks; second by McCourry; motion passed with all ayes. OU{)~~ .' Council reconvened Executive Session at 11 :31 p.m. and returned to open session at 12:02 a.m. on Februarv 28. 2006. 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. Not addressed. C. Any action as a result of executive session regarding rezoning proposed rezoning of property along S.H. 121 and amendments to the Comprehensive Land Use Plan. No action on this item. D. Any action as a result of executive session regarding City Secretary annual evaluation. Motion to recommend a 4.3 percent salary increase- McCourry; second by Harris; motion passed with all ayes. I E. Any action as a result of executive session regarding Chapter 6, Article II, Signs. No action on this item. And with no further business to discuss the meeting was adjourned at 12:03 a.m. on February 28, 2006. APPROVED: ATTEST: nstie Wilson, TRMC, City Secretary I 7