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HomeMy WebLinkAbout08/21/2006 City Council I I I August 21, 2006 008:~Et> MINUTES OF REGULAR SESSION OF COUNCIL HELD ON AUGUST 21, 2006 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:03 p.m. on the 21st 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: 1.0 2.2 2.6 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation - Perry Schrag Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- Constitution Week Proclamation was presented to Faye Schuler, Preston Ridge Chapter of the Daughters of the American Revolution. Citizen Input- none Announcement of upcoming civic events and activities 1_ Mayor Dillard announced the Mayor's Ball, scheduled in conjunction with Sail Fair on September 14th. Councilmember Harris announced a city wide pep rally at The Colony Hi School on August 30th at 7 p.m. CONSENT AGENDA Consider approval of minutes of council meetings held August 7, 2006 (Wils.on) Consider approval of council expenditures for the months of June and July, 2006 (Council) Consider approval of a resolution authorizing the city manager to execute an Interlocal Agreement with the University of Texas at Austin for provision of Internet access and related services to The Colony Public Library (Sveinsson) 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. .0' (OJ 8 '.{ C\ . ~j -" August 21, 2006 2.9 Consider approval of an ordinance amending Chapter 13 of the Code of Ordinances by adding Article VIII, Residency Restrictions For Sex Offenders (Harris/Clark) Motion to approve above consent agenda items- Schrag; second by McCourry; motion passed with all ayes. I Councilmember Harris requested item 2.3 be discussed separately. 2.3 Consider approval of an amendment to the lease agreement with Houston Cellular Telephone (previously AT&T Wireless) for property located at 5033 Clover Valley (Eubanks) Councilmember Harris questioned the fact that the square footage in the lease was increasing but not the monthly rent. Steve Eubanks advised that city engineer Gordon Scruggs, who requested this item for the agenda but is now out of town, indicated he felt the $2,000 per month rent being paid was adequate for the additional space requested. Motion to approve- Harris; second by Marks; motion passed all ayes except for Schrag who abstained (Conflict of Interest form filed with the city secretary) Councilmember Marks requested items 2.4 and 2.5 be discussed separately. 2.4 Consider holding a regular City Council meeting on Tuesday, September 5, instead of Monday, September 11 (Cheatham) Councilmember Marks asked the city manager to confirm the reason for the change. Dale Cheatham advised that the first Monday in September is Labor Day and that on Tuesday September 5th the city council has to have a meeting anyway to hold a public hearing on the tax rate. Ordinarily if there is a holiday the meeting would be moved to the following Monday. I Motion to approve- Marks; second by McCourry; motion passed with all ayes except for Schrag who voted no. 2.5 Consider approval to accept the Urban Area Security Initiative Grant for a Public Notification and Warning System (Nolen) Fire Chief Mike Nolen advised that the Code Red Public Notification and Warning System is a web-based program that is used to notify the public quickly in case of emergency. It is designed to ring the telephones of homes in designated areas of town with a recorded message. Costs will be covered by a grant. Motion to approve- Marks; second by Harris; motion passed with all ayes. Councilmember Harris requested items 2.7 and 2.8 be discussed separately. 2.7 Consider approval of a resolution authorizing the mayor to execute a License Agreement with Jason S. Smith et ux for replacement of a fence on city owned property (Nelson) I 2 OU8a6~r August 21, 2006 Councilmember Harris wanted to confirm that the property owners are aware this area is still city property. Pam Nelson indicated they are aware of all the details and requirements. I Motion to approve- Harris; second by Marks; motion passed with all ayes. 2.8 Consider approval of an ordinance amending Chapter 13 of the Code of Ordinances by adding Article VII, Graffiti Paraphernalia, Possession and Prevention (Harris/Clark) Councilmember Harris asked that this item be pulled due to a letter that was submitted by several local students. Mayor Dillard read the letter which objected to the restrictions on permanent markers. Police Chief Joe Clark stated the intent is not to restrict proper usage of such items but to give the police another vandalism prevention tool. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 13.0 3.1 I REGULAR AGENDA ITEMS I Conduct a public hearing on the proposed municipal budget for fiscal year 2006-2007 (Koo) I Finance Director Rebecca Koo reviewed the certified tax roll, adding there is an increase of 5.59%. She stated the proposed tax rate is 71.9 cents. She reviewed highlights of the general fund and utility fund. Mayor Dillard opened the public hearing at 7:25 p.m. Steve Parsons voiced his concern over the city's debt service amounts. He encouraged the council to stop borrowing money and reduce the tax rate. Public hearing closed at 7:30 p.m. 3.2 Discuss the proposed 2006-2007 tax rate not to exceed 71.9 cents per $100 valuation for the taxable value of all property real and personal, located within the City of The Colony, take a record vote and schedule public hearings for August 31 and September 5, 2006 (Koo) Ms. Koo reviewed the effective rate and the roll back rate. The question was raised as to the purpose of a record vote. The city attorney advised that it does not "lock in" a particular rate but causes public hearings to be held. Council members Harris and Schrag both indicated they would like to see the rate reduced more (than the proposed 1/10th of a cent.) Motion to approve- Schrag; second by Marshall; motion passed with all ayes except for Harris who voted no. 3.3 Continue a public hearing from August 7, 2006, and discuss and consider approval of an ordinance amending the thoroughfare map of the city (SI06- 0046, Eubanks/Bateman) I 3 " ') 1 'I i)' o' C' \.\ '\j' I(}~:'~..~: _~~1 <\ ugust 21, 2006 Public Works Director S~eve Eubanks told the council that at the last meeting Councilmember Harris requested a different classification, leaving the number of lanes at six with a one-hundred-forty foot right-of-way. He reminded council the thoroughfare map is a long-term planning tool. He said staff is still recommending council adopt the previously submitted 8D-A (Option 1). He did offer an Option 2 with a new classification of 6D- W as requested. Councilmember Harris stated he is in favor of Option 2 for now. I Motion to approve Option 2- Harris. Motion failed for lack of a second. Discussion followed regarding what TxDOT was requesting for the widening of F.M. 423, including the number oflanes and right-of-way. Mayor Dillard spoke in favor of Option 1. JJlotion to approve Option 1- Schrag; second by Marshall; motion passed with all ayes except for Harris who voted no. (This motion and vote officially closed the public hearing at 7:50 p.m.) 3.4 Discuss and consider approving additional expenditure of funds for Volvo of Dallas Sail Fair 2006 based on revised budget as submitted to include current and future sponsorship, vendor and participant revenue (Nelson) Parks Director Pam Nelson informed council of the sponsorships, activities and events planned for Sail Fair. She reviewed the existing budget and the revisions as presented, and the site plan for the event at Stewart Creek Park. Thanks and credit was given to all the volunteers who have worked to make this event a success. Nancy Dillard, chair of the committee, offered a few words of appreciation as well to the volunteers and the city. I Motion to approve the revised budget and expenditures ofraisedfunds- Schrag; second by Marshall; motion passed with all ayes. Councilmember Marks suggested that more food vendors might participate if the fee of $400 was reduced. 3.5 Disc~lSs and consider approval of a resolution authorizing the city manager to enter into a design services contract with Dunkin, Sims, and Stoffels, Inc. for the design of Phase I of the shoreline trail as depicted in the Trail Master Plan (Nelson) Pam Nelson said that citizen surveys have indicated strong support for hike/bike trails along the shoreline of Lake Lewisville. In accordance with the Trail Master Plan the Community Development Board has approved moving forward with the design of Phase 1 from Ridgepointe Park to Stewart Creek Park. The proposed design contract is based on a construction budget of $750,000. Councilmember Harris suggested that the trail needs to include an area along the road going into Stewart Creek Park from the nearby residential area. I 4 August 21, 2006 Motion to approve and add sidewalk to park from Pecan Crossing- Schrag; second by Harris; motion passed with all ayes. o U 8 :~ ~;: ~. I 3.6 Conduct the second public hearing to consider the involuntary annexation and zoning for the area known as the Water's Edge Subdivision located northwest of Anderlan Road (A06-0001, Bateman) Planning Director Donna Bateman stated this is the second pubic hearing on the proposed annexation, adding that the first reading of the ordinance will be September 18th and the second reading will be November 6th, 2006. Donna stated that P&Z recommended denial of the annexation. Under this circumstance, six of seven council votes in favor will be required to proceed with the annexation process at each reading of the ordinance. Donna asked to clarify the situation concerning a letter from a former city manager that was presented to council by a citizen on August 7th. She wanted council to know that staff was made aware of the letter only a few days prior to that meeting. I Public hearing was opened at 8:32 p.m. Judy Ensweiller told the council that only one homeowner in the subdivision was in favor of the annexation. She reviewed the history of the area and asked the council for more time to develop the area. Craig Janssen reviewed property appraisals and lost equity due to developer problems. He indicated that some property owners are waiting to build and others won't buy lots while this annexation is being considered. Public hearing was closed at 8:58 p.m. City Attorney Bob Hager advised the council they could deliberate on the matter at the September 18th meeting. He suggested that council forward their questions to the city manager prior to that meeting. Councilmember Marks su~gested council hold an Executive Session prior to the discussion on September 18t . 3.7 Discuss and consider approval of a site plan for Starbucks Coffee. The 0.28- acre site is located at the northwest corner of S.H. 121 and Main Street, south of the existing Chick-Fil-A restaurant (SP06-0009, Bateman) DOlU;1a Bateman explained the location has a car wash on it that will be demolished. She said this facility will only have drive-through and walk up service, and will be the first one of its kind in this area. There will be a small amount of patio seating available. Motion to approve- Schrag; second by Mikulec; motion passed with all ayes. 3.8 Conduct a public hearing, discuss and consider approval of a Specific Use Permit for a restaurant with beer, wine and/or alcohol sales. The proposed restaurant is located in Austin Square at the southwest corner of Windhaven and Saintsbury Drive West (SUP06-0003, Zen SUP, Bateman) I 5 OOBa7.' August 21, 2006 Donna Batman explained that a specific use permit is required for alcohol sales in this planned development. Planning and Zoning recommended approval. The public hearing was opened and closed at 9: 15 p.m. with no one wishing to speak. Motion to approve- Schrag; second by Harris; motion passed with all ayes. I 3.9 Conduct a public hearing, discuss and consider approval of a Specific Use Permit for a restaurant with beer, wine and/or alcohol sales. The 2.6125-acre tract is located at the northeast corner of S.H. 121 and Market Street (SUP06-0001, Texas Roadhouse SUP, Bateman) Donna Bateman explained that a specific use permit is required for alcohol sales. Planning and Zoning recommended approval. The public hearing was opened and closed at 9: 17 p.m. with no one wishing to speak. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.10 Conduct a public hearing, discuss and consider approval of an amendment to Appendix A, Section lOB, of the Code of Ordinances regarding the extension of the boundaries of the Gateway Overlay District to include the Main Street Corridor (SI06-0001, Bateman) Donna Bateman reviewed the current gateway district and said this plan will add the F.M. 423 (Main Street) area, accounting for the future widening. This plan will affect businesses only and not property that remains as residences. Discussion followed about whether or not the Friendship Baptist Church and the two churches along South Colony are included in the plan. Bob Hager advised if not then an amep.dment can be presented to include them. The public hearing was opened and closed at 9:30 p.m. with no one wishing to speak. I Motion to approve as written and instruct staff to bring back an amendment to include the churches along South Colony- Harris; second by Marshall; Councilmember McCourry confirmed there would be only one overlay district with two sets of standards for S.H. 121 and F.M. 423. He voiced his concern over this stating that strict regulations are not affordable for small business owners along Main Street. Donna gave the following examples of the changes: more landscaping, no box -shaped buildings, mechanical equipment to be concealed and each wall must be ten percent windows. Motion passed with the following vote; Ayes- Dillard, Harris, Marshall, Mikulec, Schrag Nos- McCourry, Marks 3.11 Discuss and consider approval of a site plan for the North Colony Fire Station. The 2.754-acre tract is located on the south side of North Colony approximately 500 feet west of Main Street (SP06-0008, Bateman) I 6 I I I OU80'7,'~ August 21, 2006 Donna Bateman reviewed the site plan and stated that Planning and Zoning recommends approval. The proposed plan is for a 9,280 square foot building with three bays. Parking will accommodate twenty-two vehicles, and a water line relocation is required. In addition, a dense screening of plantings, including evergreens, will edge the property to help muffle the sounds for the adj acent property owners. Motion to approve- McCourry; second by Schrag; 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. 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. Executive Session was not held. And with no further business to discuss the meeting was adjourned at 9:55 p.m. APPROVED: ATTEST: O~pL !P~~ Christie Wilson, TRMC, City Secretary 7