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HomeMy WebLinkAbout04/17/2006 City Council April 17, 2006 I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON April 17, 2006 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:00 p.m. on the 17th 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 (7:30) 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-Kirk Mikulec Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamations - Law Day - Mayor Dillard presented the proclamation to Constable Mike Truitt. Constable Truitt invited all citizens to the Government Center on May 1, 2006 to gather information on Law Day. Mayor Dillard also read a proclamation for National Indoor Comfort Week. Citizen Input- James DePiazza thanked everyone for electing him to the Justice of the Peace position and encouraged everyone to vote in the upcoming May election. Announcement of upcoming civic events and activities 1_ Spring Clean-up Report - Recycling Coordinator, Terry Gilman reported that the Spring Clean-up was very successful and over 300 vehicles, some with trailers, brought materials to be disposed. Public Works Director Steve Eubanks informed the council that Morningstar at SH 121 would be closed for utility construction on Friday April 21 st at 9:00 A.M. and reopened no later than Sunday, April 23rd. Mayor Dillard reported there will be a Family Emergency Preparedness Fair on Saturday April 29th at The Church of Jesus Christ of Latter-day Saints. Mayor Dillard also reported the dates for early voting and Election Day and application for ballot by mail information for the upcoming city and LISD election. I I I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. April I 7, 2006 I 2.0 I CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held April 3, 2006 (Wilson) 2.2 Consider approval of council expenditures for the month of March (Council) 2.3 Consider approval of an ordinance amending Chapter 6 of the Code of Ordinances regarding the rental registration and inspection program (SI05- 0026, Bateman) 2.5 Consider approval of a resolution authorizing an expenditure of $1,500 from police confiscated funds for the purchase of investigative equipment (Plemons) 2.6 Consider approval of a resolution authorizing an expenditure of $4,060 from the court technology fund for the annual maintenance agreement on the ticket writing equipment (Plemons) 2.8 Consider approval of an ordinance amending the 2005-2006 municipal budget to provide funding for replacement of an air conditioning unit at the Arts Center (Gilman) . I Motion to approve above consent agenda items- McCourry; second by Schrag; motion passed with all ayes except for Marks who was not present. Item 2.4 was removed by staff. 2.4 Consider approval of a resolution suspending the Atmos GRIP rate adjustments and authorizing intervention in administrative and court proceedings (Sparkman) I No action taken on this item. Councilmember Harris asked that item 2.7 be pulled from the consent agenda for separate discussion. 2.7 Consider approval of a resolution adopting the 2006 Economic Development Corporation/City of The Colony Comprehensive Policy Statement of Economic Development Incentives and the City of The Colony Tax Abatement Policy (Terrall) Councilmember Harris stated his concerns about the nnmmum amount of money a project must be before the project can be considered for incentives. Economic Development Director Tom Terrall stated the amounts have been in place for many years, but the incentives are considered on a case-by-case basis. Councilmember Harris would like for this issue to be revisited at another time. Motion to approve- Harris; second by Schrag; motion passed with all ayes except for Marks who was not present. Councilmember Ward asked that Item 2.9 be pulled from the consent agenda for separate discussion. I 2.9 Consider approval of a resolution authorizing the extension of a fuel rate adjustment for IESI (Gilman) 2 I April 1 7, 2006 Councilmember Ward asked if IESI was looking at any of the alternative fuels such as Biodiesel to alleviate their dependence on gas. Recycling Coordinator Terry Gilman stated he believed IESI was by law not permitted to use fuels such as Biodiesel. Motion to approve- McCourry; second by Schrag; motion passed with all ayes except for Ward who voted no. 13.0 3.1 I REGULAR AGENDA ITEMS Receive presentation by auditor of the Annual Audit Annual Financial Reports (Koo) I and Comprehensive Shawn Parker with Weaver Tidwell gave the council an overview of the Fiscal Year 2004-05 Comprehensive Annual Financial Reports. Mr. Parker stated the City is very financially healthy and being run in a conservative manner. 3.2 Discuss and consider approval of a resolution authorizing the city manager to issue a purchase order for construction of a fire apparatus (Nolen) Mike Nolen, Fire Chief, gave council an overview the fire apparatus and how the purchasing processed works. Chief Nolen stated the apparatus could be paid for out of the bond proceeds that where set aside for the civic center project. Citizen Christi Martin spoke against using the funds from the civic center project for a fire apparatus. I Councilmember Ward asked if there would be additional costs after the apparatus is delivered. Chief Nolan stated there would be additional cost for equipment that will amount to around $100,000. Council discussed the funding options for purchasing the vehicle. Councilmember Ward called the question. Motion to approve-Marks; second by Ward; motion passed with all ayes except for Harris and Schrag who voted no. 3.3 Conduct a public hearing and consider and discuss approval of an ordinance rezoning a 407.884 acre tract of land from an Agricultural (A) zoning district to Planned Development 21 (PD-21) zoning district and consider approval of concept plan. The tract is located off Hackberry Creek Road in the northwest portion of the city. A Marina, RV park, campsites, hotel with conference center and restaurant are proposed for Hidden Cove Park (Z06- 0001, Bateman) I Planning Director Donna Bateman gave council an overview of this project. She stated this request has two parts. The first part is to rezone Hidden Cove Park from Agriculture to PD-21. The second part of the request is for the concept plan. Mayor Dillard opened the public hearing. 3 April 17, 2006 Vicki Saulnier, 2117 Golden Spurs Trail, Frisco addressed the council. She stated the council doesn't have enough information to address all the issues with this concept plan. She also stated she doesn't think the current infrastructure is adequate to accommodate the traffic and doesn't like the 70' building placed in the middle of a forest area. I Councilmember Harris asked if the new amenities being built in Hidden Cove Park would replace the existing amenities. Costa Mazidiji with Carter Burgess stated that any new construction would not replace the current amenities. Council discussed on the proposed 70' dry stack rack storage facility. Marcel Bosworth from Marine Quest addressed the council. He stated the 70' was a maximum height and could be lowered to 48'. Mr. Bosworth also stated the building would be very attractive and pictures would be provided in the future. Councilmember Harris asked about the time line for the first phase of the project. Mr. Boswell stated it would be 12 to 18 months. Councilmember Marks asked about the differences in the materials that where requested and what is required by ordinance. Mr. Boswell stated that the boat docks and related structures would have to be made of metal. He also stated the cabins would have a rustic look to match the decor of existing structures. Councilmember Mikulec stated some concerns over boat painting on the facility. Mr. Boswell stated that it would be a small section away from the water. He also stated the property is regulated by TCEQ. Mayor Dillard closed the public hearing at 8:40 p.m. I Councilmember McCourry stated concerns about the square footage of the retail space. There was also discussion of the existing agreement with IT's Boat Rental. Mr. Boswell stated IT would still be functioning in the same capacity even with all the new construction. Motion to approve with the following stipulations: the Planned Development will include retail uses, place a 48' limit on the height of the dry stack boat storage, and the materials for the dry stack boat rack must be approved by council on the development plan-Harris; second Mikulec; motion passes with all ayes except for Schrag who voted no. Councilmember Schrag voiced his concerns over the dry stack boat rack. He stated he has never scene this type of facility and is not comfortable voting on it. Councilmember McCourry expressed concerns over the amount of space that could be used for retail. Motion to reopen discussion-Marks; second-McCourry; motion passed with the following vote: aye-McCourry, Mikulec, Schrag, Marks; No-Mayor Dillard, Harris and Ward. There was further discussion on the height of the boat rack and the retail square footage. Councilmember Harris called the question. I 4 I April 17, 2006 Motion to approve with the following stipulations: the Planned Development will include retail use, 48' limit on the height of the dry stack boat storage, and the materials for the dry stack boat rack must be approved by council on the development plan-Harris; second Mikulec; motion passes with all ayes except for Schrag who voted no. 3.4 Consider adoption of an ordinance, on first reading, to voluntarily annex approximately 27.723 acres of State Highway 121 right-of-way. The property is generally located on the south side of State Highway 121 in the southern section of the City of The Colony (A06-0002, Bateman) Donna Bateman gave council an overview of this item. She stated the item would be brought back to council in 40 days for a second reading. No further action taken. 3.5 First reading, conduct a public hearing and discuss an ordinance amending Chapter 17, Article III of the Code of Ordinances concerning dormant projects (SI06-0026, Bateman) Donna Bateman gave council and overview of this item. Councilmember McCourry asked City Attorney Bob Hager how this ordinance would affect current projects. Mr. Hager stated that each project would have to be considered on an individual basis depending on where they where along the process. I Councilmember Harris stated he would like to see the word "substantial" placed in Sec. 17-10 (a) and (b) to try to strengthen what constitutes progress on a project. Mayor Dillard opened the Public Hearing at 9: 15 p.m. There was no one wishing to speak. Mayor Dillard closed the public hearing at 9:16 p.m. Motion to approve- Harris; second-McCourry; motion passed with all ayes. 3.6 Discuss and consider approval of a resolution amending the Master Fee Schedule regarding rental registration and inspection program (SI05-0026, Bateman) Donna Bateman gave council an overview of this item. She stated the council wanted to consider two options. Option one has no registration fee and higher inspection fees, and option two has a $5 registration fee. Motion to approve option two-McCourry; second- Mikulec; motion passed with all ayes except Ward and Marks who voted no. I Council convened Executive Session at 9:25 p.m. I 4.0 I EXECUTIVE SESSION I 4.1 A. Council shall convene into a closed executive session pursuant to ~ 551.071 of the TEXAS LOCAL GOVERNMENT CODE to consult with the city 5 April 17, 2006 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 ~ 551.071(2) of the TEXAS LOCAL GOVERNMENT CODE to seek legal advise on an internal investigation involving city employees. I Council returned to open session at 10:25 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. Item not addressed. B. Any action as a result of executive session regarding an internal investigation involving city employees. No action taken on this item. And with no further business to discuss the meeting was adjourned at 10:26 p.m. on April 17,2006. APPROVED: I ATTEST: {!j~~~ Christie Wilson, TRMC, City Secretary I 6