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Home My WebLink About04/03/2006 City Council ()(J t,) ')0 . . (I:" ~J April 3, 2006 MINUTES OF REGULAR SESSION OF COUNCIL HELD ON APRIL 3, 2006 I The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:05 p.m. on the 3rd day of April 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: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Colony Church of Christ Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- Mayor Dillard presented the proclamation for National Library Week to Library Director Joan Sveinsson. Joan said they are two puppet shows this week as well as other activities to recognize National Library Week. Citizen Input- James DePiazza said that early voting for the Primary Election Run-off is April 3-7, and that Election Day is April 11 with polling locations being The Colony High School and the Denton County Government Center. Announcement of upcoming civic events and activities 1_ Terry Gilman said that the annual Clean-up Day is Saturday April 8 from 8-11 a.m. Electronics, batteries, trash and debris will be accepted from The Colony citizens. Councilmember Harris said that the Church of Latter Day Saints is holding a community-wide emergency preparedness fair on April 29, 2006. David Swain with Parks and Recreation announced the Easter Egg Hunt on April 15, 2006 at Five Star, beginning at 9 a.m. Councilmember Marks announced that a local citizen, Phillip Marks, will be singing the National Anthem at a Roughriders Baseball Game on April 17, 2006. I 12.0 2.1 I of council meetings held March 20, 2006 1 CONSENT AGENDA Consider approval of minutes (Wilson) I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. l) f.\ V ." . \; \ ) Iu ~ April 3, 2006 2.2 Consider approval of an ordinance amending Section 24 of the Zoning Ordinance concerning the amending authority of the Director of Development Services (SI06-0009, Bateman) 2.3 Consider approval of a resolution authorizing the city manager to sign contracts with TXU Electric Delivery for the installation of new street lights for the Phase IlIA Street Rehabilitation (Eubanks) 2.5 Consider approval of a resolution and Participation Agreement for Atmos Standing Steering Committee and assigning a city representative (Sparkman) 2.6 Consider approval of a resolution awarding the 2006 fireworks display bid to Western Enterprises (Sparkman) 2.8 Consider approval of a resolution authorizing salary adjustments for Police Department Communications Officers (Clark) 2.10 Consider approval of an ordinance amending the 2005-2006 municipal budget reallocating funds from the CDC fund for a mowing contract for Five Star (Fitzgerald) 2.13 Consider approval of a resolution of the City of The Colony granting Consent and Estoppel to the assignment and subordination of Agreements and Lease for property located on Wynnwood Peninsula from Wynnwood Peninsula Ltd. and MSW Wynnwood LLC to Wynnwood Peninsula Venture and authorizing the Mayor to sign (Cheatham/Hager) 2.14 Consider approval of a resolution authorizing the city manager to sign a developer's agreement with Joe's County Store, Inc. and approving the content of the developer's agreement (Scruggs) I Motion to approve above consent agenda items- Marks; second by McCourry; motion passed with all ayes. I Councilmember Ward asked that 2.4 be pulled from the consent for separate discussion. 2.4 Consider approval of a resolution asking the Texas Department of Public Safety to delay making changes to the speed limit on S.H. 121 and to reevaluate at a later date (Eubanks) Public Works Director Steve Eubanks said that TxDOT had conducted a speed study in January 2005 on S.H. 121 and they are asking the city to support a speed limit change from 55 to 60 M.P.H. through The Colony. With the on-going construction on S.H. 121 and the many business driveways that enter and exit the road, staff does not recommend increasing the speed limit at this time. A resolution is being proposed in support of keeping the current speed limit and to request another traffic study after all frontage roads are complete. Councilmember Marks asked whether the timing of the lights will be changed. Steve said that the traffic lights may need to be adjusted some when the southbound lanes are opened. Motion to approve- Ward; second by Marks; motion passed with all ayes. Councilmember Harris asked that 2.7 be pulled from the consent agenda for separate discussion. 2.7 Consider approval of a resolution authorizing the city manager to execute annual mowing contracts with various vendors (Fitzgerald) I 2 U 0 (' .:~ n . ) '-- ,--. - April 3, 2006 I Sam Fitzgerald with Parks and Recreation reviewed the various bids and added that irrigation maintenance has been included with the bid this year. He also said the Community Development Corporation (CDC) will pay for the mowing at Five Star East and Five Star West. Previously, city employees did the mowing. Councilmember Harris asked Sam to be sure the vendors are aware they are not to blow cut grass into the street. Motion to approve- Harris; second by Mikulec; motion passed with all ayes. Councilmember Harris asked that 2.9 be pulled from the consent agenda for separate discussion. 2.9 Consider approval of a resolution authorizing the extension of a fuel rate adjustment for Waste Management (Gilman) Councilmember Harris advised he wanted an individual vote on this item. Motion to approve- Marks; second by McCourry; motion passed with all ayes except for Harris and Mikulec who voted no. I Councilmember Marks asked that 2.11 be pulled from the consent agenda for separate discussion. 2.11 Consider approval of an ordinance amending the 2005-2006 municipal budget for upgrading Perryman Park playground equipment to meet safety standards (Fitzgerald) Councilmember Marks asked whether the CDC will handle this whole project. Sam Fitzgerald said that the CDC can add new equipment but cannot finance upgrades to existing equipment; the city must pay for that. Motion to approve- Marks; second by Harris; motion passed with all ayes. Councilmember Harris asked that 2.12 be pulled from the consent agenda for separate discussion. 2.12 Consider approval of an ordinance amending the 2005-2006 municipal budget for improvements to the city's drainage system (Scruggs) Councilmember Harris said that due to the amount of this item he felt it should be discussed. Gordon Scruggs said this is the funding request to pay for the contract for erosion control and upgraded retaining wall in the channel west of the Aquatic Park, which council approved on January 9,2006. Motion to approve- Harris; second by Marks; motion passed with all ayes. I Councilmember Harris asked that 2.15 be pulled from the consent agenda for separate discussion. 2.15 Consider approval of the purchase of a utility easement at 1180 Kruger Lane to facilitate water and wastewater services to the city's ET J on Wynnwood Peninsula (Scruggs) 3 U. uo~.~p. l) \...;: ~ . ,J April 3, 2006 City Engineer Gordon Scruggs told the council the location of the utility easement is along the front of the Kruger Lane lot, which is off Boyd Road. The easement is needed by the city in order to supply water and wastewater services to Wynnwood Peninsula. The owner did not accept an offer made by the city so legal action was taken to acquire the easement. The Commissioner's Court held condemnation proceedings and as a result, they found the amount of $115,927.10 adequate compensation to the property owner. Upon payment of the stated amount the city will take possession of the utility easement. I Motion to approve- Harris; second by Marks; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS 1 3.1 Conduct a public hearing and discuss and consider approval of an ordinance amending Chapter 10 of the Code of Ordinances as it relates to public nuisances (SI06-0014, Bateman) Donna Bateman told the council the ordinance is an effort to simplify the content, rearranging it to make it more user friendly. New definitions have been added, as well as sections on graffiti and littering. Also, enforcement of junked vehicle removal would be authorized by the city manager's designee rather than just the police department. Councilmember Harris said he thought the quiet time hours are not plausible and would hinder outdoor activities (trash pickup, football games). He wants to leave the quiet times as is. He also said he is concerned with the wording on Section 10-11. I Discussion followed regarding the definition of "junked vehicle" and "inoperable vehicle". Donna said the local definition of junked is the same as the state's. Inoperable is defined locally. Councilmember Harris stated that some people may have an antique vehicle, or for some other personal reason may not be able to register and inspect a vehicle that is actually operable, and this ordinance doesn't allow for that. Bob Hager advised that anyone who receives a citation can take it to court for consideration. Donna Bateman said this portion of the ordinance can be brought back at a later date for further consideration. Councilmember McCourry stated that some people may like drawings, etc. on their property that someone else might consider "graffiti". Bob Hager said if it is authorized they can go to court and say that it is "authorized". Councilmember Harris stated that ten days could be too short for some people to get graffiti cleaned up. Mayor Dillard opened the public hearing at 8:00 p.m. Steve Parsons said that sometimes "graffiti" may be art to some people. Vinetta Dillard Allen said that people who have graffiti painted on their property are already victims and only allowing ten days for removal is further victimizing them; maybe the city could offer extra time or assistance. She also questioned why an unregistered vehicle would be considered junked; maybe the owner is just out of the country or some other valid reason. The term "inoperable" should be further reviewed. Public hearing was closed at 8:06 p.m. I 4 (} (l (,.~ ') n ...1 ....". .,j' ( "-- ....~ April 3, 2006 I Bob Hager stated he has made some revisions to the wording of Section 10-11. Reasonable cause will be changed to probable cause, and added the designated city official may obtain an appropriate authorization to enter such structure or property or may obtain consent at all reasonable times to inspect such structure or property. Councilmember Harris also asked for a change in the number of days for removal of graffiti from ten to thirty, the same as is allowed for junked vehicles. Councilmember Mikulec spoke of offering assistance to graffiti victims and Donna replied that the city does give some allowances under certain circumstances. Councilmember McCourry addressed the need to make allowances for owners of vehicles who are away in the military. Bob Hager recommended writing this as a "defense" rather than an "exception". Bob Hager said he will bring back some revisions to the section on inoperable/junked vehicles. Motion to approve as presented with changes to Section 10-11 and to Section 10-6 to say thirty days- Harris; second by McCourry I Councilmember Schrag stated he is in agreement with making allowances for those in the armed forces. He also asked if he can make a motion to amend Councilmember Harris' motion and change the number of days to fifteen rather than thirty. City Attorney Bob Hager advised he could do that. Motion to amend the previous motion by changing the number of days to fifteen- Schrag; second by Mikulec; motion passed with all ayes exceptfor Harris, Ward and McCourry who voted no. Mayor Dillard asked for a vote on the original motion with the change to fifteen days. Motion passed with all ayes exceptfor Dillard and Ward who voted no. 3.2 Discuss and consider approval of an ordinance rezoning Planned Development 9 located east and west of Piano Parkway on the south side of S.H. 121 to an Agricultural zoning district (SI05-0016, Bateman) I Donna Bateman said that this property is currently zoned as PD 9, mixed use (since 1994). This item was tabled at the last council meeting. She said nine notices were sent to property owners with one opposing response. She said P&Z recommends approval and that six of seven votes will be required to overturn a P&Z recommendation. Councilmember Marks asked what the city's advantage is. Donna said the S.H. 121 Corridor Master Plan calls for recreational use, and asked whether the uses as planned in 1994 are the same as what the city would want today. By returning the property to agricultural zoning it does not change taxes lost or gained, and the city can choose what they want to have on the property. 5 I I ( .! I) .~ ; ~; U\'j\I',," ~ .c. April 3, 2006 Councilmember Mikulec asked ifthere's another zoning other than agricultural to put in place now, and why not wait on the new Comprehensive Plan. Donna said there is no zoning district in place that would limit the uses based on the Corridor Master Plan. The property can be rezoned in the future. Councilmember Harris stated he is in favor of rezoning to agriculture then working with future developers to obtain appropriate zoning. I Bob Hager reminded the council of a letter from the property owner presented at the last meeting. A revised letter from the property owner has been submitted and Bob Hager read the letter. It requested the council take no action for six months. Councilmember Ward asked for an executive session on this matter. Mayor Dillard announced Executive Session at 8:37 p.m., which lasted until 8:56 pm. Mayor Dillard reconvened open session at 9:02 p.m. David Humphries, representing the property owner, spoke on behalf of leaving the zoning as is. He stated that changing the zoning to agricultural would not be productive from a development standpoint. Motion to accept the recommendation of P&Z and change the zoning to Agricultural- McCourry; second by Ward; item failed with the following 5-2 vote because a "super-majority" (6 of 7) votes is required. The vote is as follows: Nos- Mikulec, Ward Ayes- Dillard, Harris, Ward, McCourry, Schrag 3.3 First reading and discuss an ordinance amending Chapter 6 of the Code of Ordinances by adding new Article V regarding rental registrations and inspections (SI05-0026, Bateman) I Donna Bateman said this ordinance contains recommendations from the Code Enforcement Advisory Board. Decisions are needed on the cost of the registration fee, cost of the inspection fees, and cost of the certificate of occupancies. Councilmember Harris asked what the cost is to have an outside firm conduct the inspections, and also wants inspections available for residents at night and on weekends. Donna said the cost would be more than if the city does the inspection and wants to keep it in-house. She added that the staff already works flexible hours and can be made available during those times. Bob Hager added that the fees will be established by resolution. Council members Marks, Mikulec and Harris all agreed that there should not be a registration fee. Donna added that registrations are done by the property owners once per year and the inspections are usually done by the occupant/tenant, using the utility application. The process will be available on-line or by mail. All but about seventy-eight units are already registered. Council members Schrag and McCourry agree with having the registration fee. Councilmember Harris suggested increasing the inspection fee from $50.00 to $60.00 and eliminate the registration fee. Councilmember Mikulec stated that city services don't always pay for themselves. I 6 U'UO"~'\ " Ou~."J April 3, 2006 I City Manager Dale Cheatham told the council if the registration fee is eliminated, what should be done with the fees of those who have already registered will need to be addressed. 3.4 Discuss and consider approval of a resolution authorizing the city manager to sign an engineering design services contract for improvements at Office Creek Pump Station and Well Site No.1 (Scruggs) Gordon Scruggs said this contract is for the preparation of a pre-design study and final design services for pump, storage tank, and discharge header improvements at the Office Creek Pump Station and Well Site #1. Design services include replacement of pump #1, rehabilitation or replacement of the discharge header, and evaluation of pump #3; the addition to the SCADA system of pump #4 and rehabilitation of the ground storage tank and a new meter vault at well site #1. The cost of the contract plus contingency is $130,000.00. Motion to approve- Schrag; second by Harris; motion passed with all ayes. 1 4.0 I EXECUTIVE SESSION 1 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. I Executive Session was not held. And with no further business to discuss the meeting was adjourned at 9:40 p.m. APPROVED: John illard, Mayor City 0 The Colony ATTEST: ~yse~ary I 7 January 8, 2007 I The approved minutes for the City Council meeting held April 3, 2006 shall be amended in red as follows: Item 3.2 Discuss and consider approval of an ordinance rezoning Planned Development 9 located east and west of PIano Parkway on the south side of S.H. 121 to an Agricultural zoning district (SI05-0016, Bateman) c Motion to accept the recommendation of P&Z and change the zoning to Agricultural- McCourry; second by Ward; item failed with the following 5-2 vote because a "super-majority" (6 of 7) votes is required. The vote is as follows: Nos- Mikulec,-WaFd Marks Ayes- Dillard, Harris, Ward, McCourry, Schrag This amendment to the April 3, 2006 City Council meeting minutes reflecting Councilmember Marks voting NO is hereby authorized by Council approval this 8th day of January, 2007. I APPROVED: ATTEST: U~~LJ~~ Christie Wilson, City Secretary I 1