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HomeMy WebLinkAbout03/20/2006 City Council March 20, 2006 OU8:~8j I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON March 20, 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 20th day of March 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: 2.3 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Perry Schrag Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- CliffHolliefield advised the primary run-off election is coming up. Early voting will be April 3-7, 2006. Scott Ward announced he is withdrawing his candidacy for Mayor. Announcement of upcoming civic events and activities 1_ Mayor Dillard announced public meetings being held for transportation issues and the upcoming Citywide Cleanup on April 8, 2006. He also informed everyone that Councilmember Harris will be leaving the meetin early for a business matter. CONSENT AGENDA Consider approval of a resolution appointing election judges for the May 13, 2006 general election (Wilson) Consider approval of an amendment to previously approved minutes of January 16,2006 council meeting adding who made and seconded the motion and the vote on item 4.2 C. (Wilson) Consider approval of council expenditures for February 2006 (Wilson) Consider approval of an ordinance authorizing additional penalties for collecting delinquent property taxes (Koo) I 2.4 2.5 I I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. March 20, 2006 0 U 8 :::! OJ J 2.6 Consider approval of a resolution authorizing the city manager to sign a contract for delinquent tax collection (Koo) 2.8 Consider approval of an amendment to the Wynnwood Development Agreement extending the deadline for sanitary sewer services and rebate period (Cheatham) 2.9 Consider appointing Jose Guia to fill a vacancy on the Technologies Board (Council) 2.11 Consider approval of a resolution authorizing the city manager to sign a communication facility lease agreement (SI05-0013, Bateman) 2.12 Consider approval of a resolution authorizing the city manager to sign a construction services contract for replacement of sewer line beneath Morningstar Drive (Scruggs) 2.13 Consider approval of a Deed Restriction for installation of a stream bank restoration area along Taylor Street Park (Scruggs) Motion to approve above consent agenda items- McCourry; second by Marks; motion passed with all ayes. Mayor Dillard pulled item 2.14 from the agenda for future consideration. 2.14 Consider approval of an ordinance to abandon and relinquish deed restrictions on real property located on Wynnwood Peninsula (Johnston) Councilmember Schrag pulled item 2.1 for separate discussion. 2.1 Consider approval of minutes of council meetings held February 27 and March 6, 2006 (Wilson) Councilmember Schrag advised there was an error in the March 6th minutes on item 3.1 regarding who asked for the executive session. Councilmember Marks had made the request rather than Schrag as was stated in the minutes. Motion to approve as corrected- Schrag; second by Marks; motion passed with all ayes. Councilmember Marks pulled item 2.7 for separate discussion. 2.7 Consider approval of a resolution authorizing the Mayor to sign a Consent to Assignment Agreement for the ground lease and operations of Hawaiian Falls Water Park (Nelson) Parks and Recreation Director Pam Nelson explained to the Council that this is a new partnership agreement between Horizon and CNL Income Properties for assumption of the ground lease and operating agreement for Hawaiian Falls. There are no changes being made to the contract. Motion to approve- Marks; second by Harris; motion passed with all ayes. Mayor Dillard pulled item 2.10 for separate discussion. 2.10 Consider accepting Christi Martin's resignation from the Cultural Arts Board (Council) Mayor Dillard said that Christi Martin had requested her resignation letter be read aloud during the council meeting. He said that there is some content in the letter 2 I March 20, 2006 that speaks against a particular council member and asked the council their opinion on whether to grant Ms. Martin's request. Normally a resignation letter is not read unless the writer is present to read it. Councilmember Marks stated that it is not appropriate for anyone to verbally attack a council member. Councilmember Harris suggested reading aloud the first and last paragraphs, and not reading the portion in question. With a consensus of the council, Mayor Dillard asked Councilmember McCourry to read aloud the first and last paragraphs of Ms. Martin's letter. UU8')Q . 1_ u _.. Motion to approve- Harris; second by Ward; motion passed with all ayes. 13.0 3.1 I REGULAR AGENDA ITEMS I Discuss and consider approval of a resolution authorizing the city manager to sign a contract with Camino Construction for Phase IlIA residential street reconstruction (Scruggs) I City Engineer Gordon Scruggs told the council this request is to reconstruct eight residential streets, which includes sections of Yager, Hetherington, Strickland, Treese, Underwood, Pemberton, Mayes and Lemmon Court. The proj ect also includes water, wastewater and drainage facilities, streetlights, and the reconstruction of the driveway at Central Fire Station. Four bids were received and Camino Construction was the low bidder. Gordon said the streets will be paved with six inch concrete with a lime stabilized sub-grade. He also noted that the streets will not be widened during the construction and an effort to save as many trees as possible will be made. Gordon said that due to the length of Strickland and areas with front entry driveways, the construction will be phased in. Some meetings with the residents have already been held to inform them of the timeline and process. Gordon also told the council that there may be a change in the purchase of the streetlights. TXU has provided a competitive bid that they are considering. Motion to approve- McCourry; second by Ward; motion passed with all ayes. Mayor Dillard moved up item 3.7. 3.7 Discuss and consider approval of converting the Senior Center into a multi- use community center to accommodate arts groups and other organizations; discuss and consider changes in hours of operation to accommodate rental; discuss and consider upgrading internal areas of facility and possible expansion; discuss and consider reassignment of operational responsibility to another city department; discuss and consider renaming the current Senior Center; provide direction to staff (Dillard) I Mayor Dillard stated he would like the Senior Center renamed to The Colony Community Center, and to discuss the hours of operation. Councilmember Harris stated he did not want to spend money to change the name on the building, and that he wants policies and procedures prepared. (Councilmember Harris left the meeting at 7:50 p.m.) Considerable discussion followed regarding the proposal for changes that was submitted by staff for council to consider, particularly the hours the center would 3 U U u '> U .. 0#..... ........, J March 20, 2006 be available for rentals and the suggested fees. It was pointed out that SPAN activities at the center would not be affected by any of the proposed changes. Coordinator Allyson Sprinkle informed council that capacity of the building is two hundred people, and that a rental agreement has been previously approved for the building. Mayor Dillard told the council that what they need to decide on is the name, whether to give authority on scheduling to the Coordinator, the fee structure and whether to assign responsibility to another department (currently under the Parks and Recreation umbrella.) Citizen Steve Parsons reviewed the possible number of hours the center would be available for rental, but added that the city should not expect rental requests to come from outside the city. Citizen David Mundon said that the Seniors are flexible on the hours they use at the center and suggested giving the Coordinator discretion on scheduling. Valerie Conley told the council that Stewart Peninsula Golfs clubhouse is also available for rentals. City Manager Dale Cheatham confirmed with the council that there would be additional staff hours approved if the center's hours are extended. Motion to rename the facility to The Colony Community Center- McCourry; second by Mikulec; motion passed with all ayes except for Marks who voted no. Motion to accept the proposal regarding hours and fees, and give discretion to change the hours to the center Coordinator- Schrag Councilmember Mikulec asked Mr. Schrag to include in his motion a set cut-off time period in advance of a rental date (perhaps two weeks notice) however Mr. Schrag did not include that in his motion. Dale Cheatham asked for approval of additional staff hours and it was noted that is included in the proposal referred to in the motion. Councilmember McCourry seconded the motion; motion passed with all ayes except for Mikulec who voted no. Councilmember McCourry suggested the responsibility for the center be moved to the Finance Director. Councilmember Schrag said he would agree but would like it re-evaluated in one year. Councilmember Marks stated he would like to take more time and get more information before a decision is made. Motion to table reassignment of the responsibility until the next council meeting; Marks; second by Mikulec; motion failed with the following tie vote: Ayes- Dillard, Mikulec, Marks; Nos- Ward, McCourry, Schrag It was then discussed that the Senior Center Coordinator's job title would change to Community Center Coordinator and would not include a promotion. Motion to change reporting responsibility from Parks and Recreation to the Finance Department, that this take place within the next within the next ninety-days, and that it be reevaluated in one year; that the job title be changed to "Community" same as the building name will change to "Community"- second by Mikulec; motion passed with all ayes except for Marks who abstained. 4 March 20, 2006 UU U'.. (' .Oh'~' __, 3.2 Conduct the second required public hearing and discuss and consider annexation, zoning and service plan for approximately 27.723 acres of State Highway 121 Right-of-Way, generally located south of State Highway 121 (A06-0002, Bateman) I Donna Bateman stated this is the second required public hearing on this proposed annexation, In the future there will also be two readings of an ordinance. This covers the eastbound lanes only. Mayor Dillard opened the public hearing at 8:36 p.m. He then asked if the annexation will give the city control over public safety issues. Donna replied that the fire department has an Interlocal Agreement with surrounding communities to respond to calls on the eastbound lanes however the police department does not. This will allow the police department to answer calls on the eastbound lanes. Public hearing closed at 8:37 p.m. 3.3 Conduct a public hearing and discuss and consider approval of a resolution authorizing a special exception for an accessory structure at 4912 Avery Circle (SE06-0001, Bateman) I The applicant has submitted a special exception request for an accessory structure located on her property at 4912 Avery Circle. The applicant was not aware of the requirement for a building permit prior to starting construction. The applicant then submitted an application for a building permit, which was denied based on height and architectural guidelines governing accessory structures. Violations include maximum height, roof slope and pitch, and design. Donna Bateman reviewed the plan for the floor of the structure. The structure is 450 square feet. She added that the Development Review Committee recommends denial of the request. Mayor Dillard opened the public hearing at 8:45 p.m. Property owner Sharon Annen provided the council with handout material that included photos of the property, fence and surrounding areas. She stated that she has a handy-man service and needs the space for tools and materials. She said the floor will have a cement border with pavestones in the interior, that the frame of the building has poles that are cemented into the ground two feet, and that it will have a roll-up garage-type door. She said there have been no complaints from the neighbors and that no responses to the public notices were received by the city. She said that if she did not get approval of the council that she needs sixty days to re-do the building to meet the city code. Citizen Joyce Fulco spoke against approval of the project. Mayor Dillard asked Donna what changes need to be made for the building to meet the city codes. She said that the roof slope and height must match the primary residence, as well as the design and exterior material. She would also request an engineering analysis of the footing. Public hearing was closed at 8:57 p.m. I Motion to deny the special exception and request that the structure be corrected to meet the city code, obtain an engineering report and allowing ninety days to bring the structure into compliance with the code- McCourry; second by Mikulec; motion passed with all ayes. 5 ous:!g,.,:: March 20, 2006 3.4 First reading, conduct a public hearing and discuss an ordinance amending Section 24 of the Zoning Ordinance concerning the amending authority of the Director of Development Services (SI06-0009, Bateman) This request comes from the Director of Development Services to approve minor and administrative amendments to developments that have previously been approved. This amendment to the zoning ordinance would allow the Director of Development Services to approve landscape substitutions, building materials substitutions of like kind, orientation of buildings, orientation or location of monument signs, and adjustments less than ten percent of side and rear yard setbacks. The Planning and Zoning Commission recommends approval. Mayor Dillard opened the public hearing at 9:05 p.m. Mayor Dillard read the caption of the proposed ordinance. City attorney Bob Hager told the council that it is not uncommon for staff to have this type of authority. Public hearing was closed at 9:08 p.m. At 9:10 p.m. Mayor Dillard announced a ten-minute recess. Council reconvened at 9:20 p.m. 3.5 Receive report from the Code Enforcement Advisory Board and give staff direction regarding recommended changes to the Rental Registration and Inspection Program (Bateman) Donna Bateman reviewed that on January 9, 2006 the council asked for the Code Enforcement Advisory Board to review the information then provided by staff and to make recommendations. The Board recommends the council adopt an ordinance requiring the registration and inspection of all rental units in the city. Recommendations by the Board include the property owner being responsible for the annual registration, that the tenant apply for a Certificate of Occupancy prior to activation of water service and that the CO will include an inspection of the property. Donna told the council that staff would like the registration fees to supplement the cost of an additional inspector. Councilmember Mikulec voiced his concern over funding a position with the fees, and asked whether the city is treating landlords different than homeowners. Bob Hager said that his office is in the process of drafting a "property maintenance code" that will address owner occupied property. Considerable discussion followed regarding the proposed fees and the extra staff that will be needed for the program. Utility applications will be used to provide information for CO requests. The consensus by council was to require the registration and Certificate of Occupancy. The fees will be established later by resolution. 3.6 Discuss and consider approval of an ordinance amending Chapter 6, Article IV of the Code of Ordinances relating to recreational vehicle standards (SI06-0004, Bateman) City Attorney Bob Hager told the council that the ordinance provided to them does not include a section regarding deed restrictions, and that he would like that considered as part of an approved ordinance. (Deed restrictions would supercede 6 UU<'l'..O , O;..,..~ '.-' I March 20, 2006 the ordinance.) Councilmember Schrag confirmed that a Certificate of Occupancy is being required for the storage of recreational vehicles non- residential zoning districts. He stated that he is not in favor of overnight stays in recreational vehicles and asked for any references to that effect be removed. Motion to approve with the addition of a section on Deed Restrictions and to exclude overnight stays in recreational vehicles- Schrag; second by Mikulec; motion passed with all ayes exceptfor McCourry who voted no. Council convened executive session at 10: 10 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 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. 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 ~ 245.001 et Seq. of the TEXAS LOCAL GOVERNMENT CODE and application to local building codes. I 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. No action. B. Any action as a result of executive session regarding ~ 245.001 et Seq. of the TEXAS LOCAL GOVERNMENT CODE and application to local building codes. No action. And with no further business to discuss the meeting was adjourned at 11 :00 p.m. APPROVED: J Dillard, Mayor ity of The Colony I I. I t . I .lA~~ t Cj~h istie Wilson, TRMC, City Secretary 7