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HomeMy WebLinkAbout08/07/2006 City Council August 7,2006 O 0 8 Ii) [; I t..J ~j'_\.. I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON AUGUST 7, 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 7th day of August 2006, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Allen Harris John Marshall 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 Pledge of Allegiance to the United States Flag Salute to the Texas Flag Emergency Management Report- Denton County Emergency Management Coordinator Jody Gonzalez reviewed the county's function during emergency situations, resource management, programs and Interlocal agreements. He added that Denton County has a new Emergency Operations Center and Mobile Command Unit. Citizen Input- Joyce Fulco informed council of a house on Amhurst that has a tree growing up through a swimming pool. She said she's been trying to get some remedy to the situation since June 2004 and asked for council's help in the matter. Jean Hammer stated that she built an 8' fence around her yard but due to the yard sloping in one area, some of the fence is 9'. She asked for a variance. Mayor Dillard advised her that the city manager will send her a letter letting her know what the process is. Announcement of upcoming civic events and activities 1- Comprehensive Plan Update Meeting August 10th at city hall. Budget work shop meeting August 14th and a budget hearing on August 21 st. Mayor Dillard expressed his thanks to Sandy Jacobs for her assistance on the F.M. 423 project. Councilmember Mikulec provided an update on Sail Fair, September 14-17. Pam Nelson announced the Hometown Hoe Down with carnival and street dance on Saturday I I I These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. U08a!j,-~ August 7, 2006 August lih in front of the high school. Councilmember Harris announced a citywide pep rally on August 20th to mark the start of school and the football season. Amy Manual announced a bake sale on August 26th to raise money for body armor to be sent to the troops. I 2.3 I CONSENT AGENDA I Consider approval of an ordinance amending Chapter 6 of the Code of Ordinances correcting a codification error relating to recreational vehicle and rental program ordinances (SI06-0041, Bateman) Consider approval of an ordinance amending Chapter 6, Section 112 of the Code of Ordinances to correct a definition error relating to single family dwelling units (SI06-0047, Bateman) Consider approval of an ordinance scheduling a public hearing on August 21, 2006 at 7 p.m. regarding the proposed municipal budget for 2006-2007 (Koo) Consider approval of inter-fund transfers (Koo) Consider approval of a resolution authorizing the city manager to execute an Interlocal Agreement with Denton County for property tax collection (Koo) Consider approval of a resolution expressing official intent to reimburse costs of projects (Koo) Consider removal of Cyndi Parker and Dick Ledesma from the Cultural Arts Board for excessive absenteeism (Council) Consider accepting the resignation of Jose Guia from the Technologies Board (Council) Consider approval of a resolution authorizing the city manager to sign the First Amendment to Interlocal Agreement with Denton County for the purpose of reimbursing the city for its participation ($1.31M) in a $10M State Infrastructure Bank loan between Denton County and the Texas Department of Transportation for S.H. 121 improvements (Johnston) I 12.0 2.2 2.4 2.5 2.6 2.7 2.8 2.9 2.11 Motion to approve above consent agenda items- Schrag; second by Harris; motion passed with all ayes. Councilmember Marshall asked for item 2.1 to be pulled from the consent agenda for separate discussion. 2.1 Consider approval of minutes of council meetings held July 10 (Schrag absent) and July 17,2006 (Wilson) Councilmember Marshall advised that Councilmember Ward's name was still on the top header of each set of minutes and that there was some additional text added to July 10th item 3.3. Motion to approve as corrected- Marshall; second by Marks; motion passed with all ayes. I 2 008~{~)l~1 August 7,2006 I Councilmember McCourry asked for item 2.10 to be pulled from the consent agenda for separate discussion. 2.10 Consider approval of an ordinance amending Chapter 12, Section 19 of the Code of Ordinances prohibiting parking on a portion of Norris Street immediately east of Paige Road (Eubanks) Public Works Director Steve Eubanks explained that the location for this proposed change is on the south side of the first block of Norris, east of Paige Rd. The area is along the side of homes, not in front. He said that parking in that area restricts traffic flow on that corner. With this change there will be one incoming lane on the street and two out-going lanes, one to turn left and one to turn right. Motion to approve- Marshall; second by Marks; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Presentation of preliminary municipal budget for 2006-2007 and schedule a budget work shop on August 14, 2006 at 6:00 p.m. (Koo) Finance Director Rebecca Koo advised that the preliminary budget has been filed with the city secretary and there is also a copy in the Library and on the web site. She provided a brief summary of the major funds and added that a tax rate of 71.9 cents is being proposed. She added that there is a budget work session scheduled for August l4t at 6 p.m. and a public hearing on August 21 st at 7 p.m. I 3.2 Discuss and consider options to collect Utility delinquent accounts and provide direction to staff (Koo) Rebecca Koo explained to council that uncollectible accounts have increased. Staff surveyed eight cities then assembled six options that council may wish to consider in order to reduce the amount. The utility department will work with residents to give extensions for extenuating circumstances. Councilmember Schrag stated that he preferred Option 4, while Councilmember Harris preferred Option 5. Brief discussion followed. Motion to approve Option 4- Schrag; second by McCourry; motion passed with all ayes. 3.3 First reading and discuss proposed ordinance amending Chapter 13 of the Code of Ordinances by adding Article VIII, Residency Restrictions For Sex Offenders (Harris/Clark) I Police Chief Joe Clark explained that this ordinance would prohibit registered sex offenders from residing with 1,000 feet of where children commonly gather, even after the offender's probation is completed. This would apply only to those with convictions for sex offenses against minors. Councilmember McCourry asked whether this will apply in the Wynnwood around a school that will be in the Little Elm School District. Chief Clark said the ordinance will apply to all The Colony's city limits and the map will be updated as necessary. City Attorney Bob Hager said this will not apply to individuals already living in the proposed 3 o U 8 ~) 5 -- August 7, 2006 restricted areas. Councilmember Marks voiced his concern that those individuals might find a place to live prior to registering with the police department and then learn their residence is in a restricted area. Bob Hager advised that the probationers should be aware of the laws. He then read the preamble of the ordinance. I 3.4 First reading and discuss proposed ordinance amending Chapter 13 of the Code of Ordinances by adding Article VII, Graffiti Paraphernalia, Possession and Prevention (Harris/Clark) Chief Clark said this ordinance is intended to help prevent graffiti by providing additional tools for the officers. Bob Hager read the preamble. 3.5 Discuss and consider approval of a resolution amending the Finance Department organizational chart to include the Community Center (Council) Councilmember Schrag said this change is for only one year and will not change any of the services. Motion to approve- Schrag; second by McCourry; motion failed with the following vote: Ayes- Harris, McCourry, Schrag; Nos- Dillard, Marshall, Mikulec, and Marks. 3.6 Conduct the first of two public hearings and discuss and consider annexation and service plan for the Water's Edge Subdivision located northwest of the city off of Haven Hills Drive (A06-0001, Bateman) I Donna Bateman told the council this is the first of two required public hearings prior to council vote on the matter. She said the area has 54 lots and 11 of them are developed. Mayor Dillard opened the public hearing at 8:40 p.m. Waters Edge property owners Craig Janssen, Kathy Osgood, Joe Van Voorhis, Judy Ensweiler, Paul Gorske, and Neal Sidener spoke against the annexation. They collectively voiced concerns over property values, and reviewed the history of the development. Additionally, it was pointed out that a former city manager had written a letter assuring them that the city would not annex the area until it was substantially built out. They asked that the city wait. Public hearing closed at 9:03 p.m. Councilmember Marks asked the city attorney whether the letter from the former city manager was binding. He replied no, nor did any action by a city council bind a future council. 3.7 Conduct a public hearing and discuss and consider approval of an ordinance amending Planned Development 16 concerning entry monument signage for a single family residential development. The 44.93 acre tract is located at the southeast corner of Memorial Drive and Morningstar (Z06-0009, Bateman) I 4 U08({5;) August 7, 2006 I Donna Bateman advised this request is for the Jackson-Shaw property, north section for KB Homes. They are requesting 2 monument signs on the north side and one on the west side. She added that 35 letters were sent out with no responses. Mayor Dillard opened and closed the public hearing at 9:09 p.m. with no one wishing to speak. Motion to approve- Schrag; second by Harris; motion passed with all ayes. 3.8 Conduct a public hearing and discuss and consider approval of an ordinance for a Specific Use Permit for an off-premise beer and wine beverage store for Market at The Square. The proposed business is located at the southwest corner of Windhaven Parkway and Saintsbury Drive in the Austin Ranch Town Square (SUP06-002, Bateman) Donna Bateman advised this request is for an off-premise beer and wine store and a Specific Use Permit is required. Five property owners responded in favor. The public hearing was opened and closed at 9: 12 p.m. with no one wishing to speak. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.9 Conduct a public hearing and discuss and consider approval of an ordinance for a Development Plan for Planned Development 16. The 15.0032 acre tract is located at the intersection of Stone Creek Drive, Cascades Court, and Fallwater Trail (Z06-0006, Bateman) I Donna requested 3.9 and 3.10 be presented together. She said the development plan is for the southern portion of the Jackson-Shaw property for six commercial buildings. The public hearing was opened at 9: 17 p.m. Christopher Gamer of J ackson- Shaw advised that the color on the buildings would be an earth tone. Bob Hager asked that the color be added to the site plan. Councilmember Harris confirmed that the location borders the railroad tracks but does not front S.H. 121. Mr. Gamer explained that masonry walls and landscaping will separate the commercial development from the residential area. The public hearing was closed at 9:25 p.m. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. 3.10 Discuss and consider approval of a site plan for Cascades at The Colony Phase 1. The 15.0032 acre tract is located at the intersection of Stone Creek Drive, Cascades Court and Fallwater Trail (SP06-0001, Bateman) Motion to approve- McCourry; second by Marshall; motion passed with all ayes. 3.11 Conduct a public hearing and discuss and consider approval of an ordinance amending the thoroughfare map of the city (SI06-0046, Eubanks/Bateman) I Steve Eubanks explained this item is at the request of the Texas Department of Transportation. In conjunction with the widening of Main Street an amendment to the city's thoroughfare map is proposed. It changes the classification of Main 5 OU8:.15 'J August 7, 2006 Street to 8D-A (eight lane divided) with a minimum of 140 feet of right-of-way width. Public hearing opened at 9:30 p.m. Counci1member Harris voiced concern over this classification and asked Steve to research whether they can widen the right-of-way width while keeping the six lane classification. I Councilmember Harris made a motion to table then withdrew his motion. He then made the following motion: Motion to continue the public hearing until August 2pt; second by McCourry; motion passed with all ayes except for Dillard who voted no. 3.12 Discuss and provide direction to staff concerning subdivision wall maintenance and removal throughout the city (SI06-0042, Eubanks/Bateman) Steve Eubanks explained that there are eight subdivision walls in the city that were constructed by developers with no provisions for maintenance. The locations of the walls vary from city right-of-way to some on private property, and are located in Ridgepointe, Northpointe, and Lakeridge. One brick wall in Lakeridge is of particular concern. Steve presented several options to the council. It was discussed that along Main Street there may be sound walls installed when the road widening takes place. Councilmember Harris suggested staff talk to the HOA's for a partnership agreement. Mayor Dillard directed that some immediate action be taken on the wall in Lakeridge and the others would have to be considered individually. Bob Hager reminded council that the city cannot expend public funds to repair private property but can remove a public nuisance. He added at Public Improvement Districts are sometimes developed for situations such as this. Steve Eubanks added that this situation only applies to residential and not commercial. I 3.13 Discuss and consider approving a resolution authorizing payment to the City of Carrollton for The Colony's portion of the construction of Segment 2 of the Water Transmission Line (Scruggs) City Engineer Gordon Scruggs explained this is the first of three segments of the water transmission line, with the other two coming up for payment in the next couple of months. He added that this joint project with the other cities saved a lot of money. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. 3.14 Discuss and consider approval of a resolution adopting the citywide Wastewater Master Plan (Scruggs) Gordon advised that Freese and Nichols prepared this plan to determine future system improvements, as well as an estimated schedule and projected costs. I Motion to approve- McCourry; second by Marks; motion passed with all ayes. 6 008~15 August 7, 2006 3.15 Council appointments to standing council committees and appoint board liaisons (Dillard) I After some discussion about the role a councilmember takes as liaison to a board, the following appointments were made: Denton Co. Mayors & City Managers- Dillard and Cheatham V oting member of COG- Harris Metrocrest Hospital- Marks S.H. 121 Task Force- Harris (he added they have not met in several months) Wynnwood Development- McCourry, Schrag, Dillard F.M. 423 Task Force- Marshall, Mikulec, Dillard, Cheatham Solid Waste- McCourry, Schrag, Marshall Code Enforcement- Marks P &Z- no one appointed at this time Additionally, it was discussed that when John Marshall's term on the Technologies Board as a board member expires at the end of this year he will be replaced. 3.16 Election of Mayor Pro-tem and Deputy Mayor Pro-tem (Dillard) I Councilmember McCourry addressed the council by saying that he would like to step down as Mayor Pro-tern. He nominated Perry Schrag for the position. Mayor Dillard and council members Marks and Mikulec expressed their appreciation to him for his leadership and service. There were no other nominations for Mayor Pro-tern so Councilmember Schrag was appointed by acclamation; all voted aye. Councilmember Marks nominated Kirk Mikulec for Deputy Mayor Pro-tern and Councilmember McCourry nominated Allen Harris. Allen Harris was appointed with the following vote. Harris- Harris, McCourry, Dillard, Schrag Mikulec- Marshall, Mikulec, Marks Executive session began at 10:30 .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. I B. City Council shall convene into closed executive session pursuant to Section 551.087(1) and (2) of the TEXAS GOVERNMENT CODE to discuss and deliberate regarding commercial and/or financial information received from a business prospect that the City seeks to have locate, stay or expand in or near the City; and, to deliberate the offer of a financial or other incentive to said prospect. 7 8' t; o 0 t.1 ~.; :) August 7, 2006 Reconvene to Open Session at 11: 10 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. B. Any action as a result of executive session regarding commercial and/or financial information received from a business prospect that the City seeks to have locate, stay or expand in or near the City; and, regarding the offer of a financial or other incentive to said prospect. No action. And with no further business to discuss the meeting was adjourned at 11: 1 0 p.m. APPROVED: J Dillard, Mayor ity of The Colony I ATTEST: ~lJ~ Wilson, TRMC, City Secretary I 8