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Home My WebLink About06/19/2006 City Council June 19,2006 OU8:.:$..)u I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON JUNE 19,2006 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 19th day of June 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 Absent Present (arrived 7:05) Present Present And with five council members present a quorum was established and the following items were addressed: ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - First United Methodist Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Recognition of outgoing council member Scott Ward- Mayor Dillard presented Scott Ward with a plaque of appreciation and thanked him for his service. Citizen Input- Melissa Humason spoke in favor of a building purchase for a city arts center. Connie Hudson spoke against the location chosen for the SBC communications equipment (item 2.12). Art Gibson addressed the council concerning a bill he received for the city mowing his property, and provided photos of other violations in the city. Update on status of drought- Gordon Scruggs reviewed the stages of water conservation during drought and added that the city is well below these stages at this time. He explained that there is an area in Austin Ranch, east of the railroad tracks off Windhaven, where the city of PIano provides the water and they are currently under some restrictions. Gordon also said that the drought contingency ordinance is currently under review. Announcement of upcoming civic events and activities 1_ Election canvas and council reception on Friday, June nrd, at 7 p.m. There will be a council retreat on May 26th and asked council members to bring two or three goals they would like the city to work on. Allen Harris said that there were enough people to start the I I I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. U U U '-< 'J o t.., ;..,_.. June 19,2006 process for having an American Legion post in The Colony. He said the First United Methodist Church is having a special veteran's service on July 2nd at 10:30 a.m. Joel Marks reminded everyone of the Sail Fair dates, September 16th and 17th. I I 2.0 I CONSENT AGENDA 2.1 Consider approval of minutes of council meetings held June 5, 2006 (Wilson) 2.2 Consider approval of council expenditures for May (Council) 2.3 Consider approval of a resolution to deny ATMOS Energy, Mid-Tex Division rate increase (Sparkman) 2.4 Consider approval of an ordinance to deny ATMOS Energy, Mid-Tex Division's GRIP 3 filing (Sparkman) 2.5 Consider approval of a resolution authorizing CAPP to negotiate an electric supply agreement for the city and allowing them to act as the city's agent (Sparkman) 2.6 Consider approving postponing the July 3, 2006 regular City Council meeting to July 10, 2006 (Cheatham) 2.7 Consider approval of an ordinance validating the current city limit boundaries as provided in Section 1.02 of the City of the Colony Charter, as amended (SI06-0038, Bateman) 2.8 Consider authorizing use of Hotel Occupancy Tax funds for mold testing and remediation at Lakeside Arts Center (Gilman) 2.11 Consider approval of a ninety-day extension to Flournoy Development Company to complete the western two lanes of South Colony Boulevard (Johnston) Motion to approve above consent agenda items- Harris; second by Ward; motion passed with all ayes. I Mayor Dillard asked for this item to be discussed separately. 2.9 Consider adoption of the Clean Fleet Vehicle Resolution (Eubanks) Mayor Dillard stated that it appeared that participating in this program would create considerably more work for city staff and asked that council reject this resolution. Motion to reject- Mikulec; second by Harris; motion passed with all ayes except for Ward who voted no. Councilmember Harris asked for this item to be discussed separately. 2.10 Consider approval of a resolution authorizing the city manager to sign an engineering services contract with Freese and Nichols, Inc. for additional wastewater treatment plant start up assistance and staff training (Scruggs) Councilmember Harris asked Gordon Scruggs why this training is necessary. Gordon said that because there were changes in the processes at the plant, he felt the city needed some special training, as did the engineers with Freese and Nichols. He added the city also needs assistance with permit compliance. The contingency funds included in the original contract were used on the changes in construction for phosphorus. The changes were mandated by TCEQ after the 2 I .- S" U U I) '-<') " ()L;'~,,,, June 19,2006 original contracts. Councilmember Schrag asked whether a three-week delay would have a significant impact Gordon replied it would not I Motion to table for three weeks- Schrag; second by Ward; motion passed with all ayes. Councilmember Mikulec asked Gordon to talk to Freese and Nichols and see if they can help by possibly reducing this amount Councilmember Harris asked for this item to be discussed separately. 2.12 Consider approval of a resolution authorizing the city manager to enter into an easement agreement with Southwestern Bell for placement of a communications equipment station at Bill Allen Park (Nelson) Councilmember Harris stated the location chosen is not aesthetically pleasing and asked Pam Nelson ifit can be located elsewhere. Representatives from SBC were on hand to answer questions. They said that because of other equipment in place in the area, they are limited on how far this could be moved. The suggestion was made to possibly locate the equipment behind the monument sign and landscape around it Motion to table and instruct staff to find additional locations, and to consult the area HOA- Harris; second by Marks; motion passed with all ayes. I REGULAR AGENDA ITEMS I Conduct a public hearing and discuss and consider approval of an ordinance amending Planned Development 8 (PD-8) zoning district concerning garage placement and entry configurations. The subject tract is located in the western portion of the city, west of Main Street at North Colony Boulevard in the Stewart's Peninsula Subdivision (Z06-0007, Bateman). I 13.0 3.1 Donna Bateman reviewed the background for this request as well as the proposed configurations for garages. She added that P&Z did not want two front entry garages included. Mayor Dillard opened the public hearing at 7:55 p.m. David Mundon asked whether the area HOA was in favor of this. Donna said the HOA specifically was not consulted; only the required notices were sent to the surrounding property owners. Donna added that our ordinances do not address garage door orientation. Public hearing closed at 8:00 p.m. Motion to approve with two front entry not permitted- Harris; second by Marks; motion passed with all ayes. 3.2 Conduct a public hearing and discuss and consider approval of an ordinance amending the Municipal Annexation Plan to include the city's extraterritorial jurisdiction (SI06-0016, Bateman). I Donna Bateman told the council that cities are allowed to annex within one-half mile of the city limits, including land and water. The city has to adopt an ordinance amending the annexation plan in order to have this option available. The ordinance has to be in place for three years, and at the end of the three years the city must proceed with the annexation process. The public hearing was 3 U 0 H :) :.: ,) June 19,2006 opened at 8:03 p.m. David Mundon asked for clarification on the areas that would be available for annexation. Donna reviewed the map. Councilmember Marks confirmed with Donna that if permission is gained from the property owner, then the three year wait does not apply. The public hearing was closed at 8:05 p.m. I Motion to approve- Schrag; second by Marks; motion passed with all ayes. 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. Council shall convene into closed executive session pursuant to Section 551.071 (2) of the TEXAS GOVERNMENT CODE to consult with the city attorney concerning the Austin Ranch Development Agreement and Contract for acquisition of property within Austin Ranch between the City of The Colony and the Billingsley Corporation, et al. Council convened Executive Session at 8:06 p.m. Reconvened Open Session at 8:20 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. I No action on this item. B. Any action as a result of executive session regarding the Austin Ranch Development Agreement and Contract for acquisition of property within Austin Ranch between the City of The Colony and the Billingsley Corporation, et al. No action on this item. And with no further business to discuss the meeting was adjourned at 8:21 p.m. APPROVED: '" hn Dillard, Mayor ity of The Colony 7!l id /V ~ fi d kl'r"- Christie Wilson, TRMC, City Secretary I 4