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Home My WebLink About10/02/2006 City Council October 2, 2006 On C" 8 .'"' :J00 0 I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON OCTOBER 2, 2006 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 7:02 p.m. on the 2nd day of October, 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 Absent Present Present (Arrived at 7:11 p.m.) 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 - Joel Watson, The Colony Park Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input - Jean Hammer stated that she built an 8 foot fence around her yard but due to the yard sloping in one area, some of the fence is 9 feet. She has paid the required variance fee and requests a waiver. Mayor Dillard advised someone from the city would contact her. Mike Lynch requested a written report from the city regarding a centralized vehicle/equipment use policy. Announcement of upcoming civic events and activities 1_ Mayor Dillard announced Councilmember Mikulec was out of town on business. I 12.0 2.1 2.2 I CONSENT AGENDA I Consider approval of minutes of the city council meeting held September 18, 2006 (Wilson) Consider approval of a resolution designating the Colony Courier-Leader as the official city newspaper for legal publications (Wilson) Consider approval of an ordinance correcting the legal description for Planned Developments 10, 12, and 13 (SI06-0051, Bateman) 2.3 I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. n ,.., .~ t"' 8. '..~ \}j00 , October 2, 2006 Motion to approve above consent agenda items- McCourry; second by Schrag; motion passed with all ayes. Councilmember Harris asked for Items 2.4 and 2.5 to be addressed separately. 2.4 Consider approval of a resolution authorizing the City Manager to enter into an agreement with Co-Serv Electric for a utility easement through Bill Allen Memorial Park (Nelson) I Councilmember Marshall asked how the new feeder line would affect the city. Two representatives from Co-Serv stated the current system providing service to The Colony is overloaded. To remedy the situation they wish to boar under the park to install a new feeder line that would pick up the extra load. This would provide more reliable service to the citizens in The Colony. Councilmember Harris voiced his concern over disturbing the root system of the trees located at Bill Allen Memorial Park. The Co-Serv representatives stated they would review the tree survey once it was completed. Motion to approve- Marshall; second by McCourry; motion passed with all ayes. 2.5 Consider approval to accept an Urban Area Security Initiative (UASI) Grant to fund the regional inter-operability communication project to increase police radio communications between neighboring agencies (Plemons) Councilmember Harris asked why the project was not presented to the Technology Board before coming to Council. Police Captain Chris Plemons stated the project was based on a report conducted by the North Central Texas Council of Governments. Their report specified items needed by The Colony Police Department to allow access to shared state-wide radio frequencies and for patching existing frequencies with those of area agencies. Requests for Quote were sent to five companies. Comtex Communications was the only company that responded. I Motion to approve- Marshall; second by McCourry; motion passed with all ayes. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Discuss and receive report from Public Works Director on the S.H. 121 and Morning Star intersection (Eubanks) Public Works Director Steve Eubanks reported TxDot's closure of northbound S.H. 121 at Morning Star should take place in mid October. Councilmember Harris asked about staff s request to have two right turn lanes from Morning Star onto southbound S.H. 121. Steve reported TxDot still wanted only one turn lane because of safety concerns. Assistant City Manager Tony Johnston stated staff would continue to pursue the request for two turn lanes. Tony said staff would also request additional time be added to the traffic light allowing more traffic through for those having to turn southbound onto S.H. 121 frontage road. Steve stated information on these changes would be provided through press releases and message boards. I 2 r ~ ;~ ',- 8' ,-~ .,) J ....' 0 I October 2, 2006 3.2 Discuss and consider approval of a resolution authorizing the City Manager to execute a Memorandum of Understanding with the U.S. Army Corps of Engineers to process a request for land reclassification and expansion of The Tribute Golf Course located at Wynnwood Park (Nelson) Parks and Recreation Director Pam Nelson reported the design for the second 18 hole golf course was almost complete. A portion of the area being proposed (15.83 acres) is an area that is classified by the Corps as a wildlife management area. The Corps recommended a land swap of an equal amount of acreage out of Wynnwood Park which would require a reclassification of the areas. Tripp Davis, Matthews Southwest and Golf Course Architect, presented information showing the specific area for the expansion, land swap, and proposed amenities. The Corps requires a Memorandum of Understanding (MOD) to facilitate the required documentation and processing of the reclassification and land swap. Matthews Southwest will pay the $15K needed to cover the cost of processing the MOU for this proj ect. Motion to approve- Schrag; second by Harris; motion passed with all ayes. 3.3 Discuss and consider approval of a resolution authorizing the City Manager to execute a Memorandum of Understanding with the U.S. Army Corps of Engineers to process a request submitted by Marine Quest for changes to the proposed marina complex and lodge/hotel facility at Hidden Cove Park (Nelson) I Pam reported Marine Quest has submitted changes to their original proposal for the marina complex and lodge/hotel facility at Hidden Cove Park. The newly proposed changes are to relocate and expand the marina complex and increase the number of lodge/hotel units. The Corps of Engineers requires a Memorandum of Understanding (MOU) to facilitate the request. Travis Patterson, representative from Marine Quest, was present to answer any questions. Marine Quest will pay the $20K needed to cover the cost of processing the MOU for this project. Motion to approve- Schrag; second byHarris; motion passed with all ayes. 3.4 Discuss the 2006-2007 Master Fee Schedule and consider approval of a resolution adopting the schedule (Council) Council discussed the proposed fees regarding annual backflow inspections, variance requests, after hour reconnects, alarm permits, false alarms, fire alarm permits, and resident/non-resident senior memberships. The following motions and votes were recorded: I Motion to leave the variance fee at $100- Schrag; second by McGourry; motion passed with all ayes except for Marshall who voted no. Motion to remove residential fire alarm permit fee- Harris; second by Schrag; motion passed with all ayes. 3 ro."8r)Qn ; "J'" '" U' Q ~., u October 2, 2006 Motion to leave alarm permits at $20 and to double the false alarm fee to $100- Schrag; second by McCourry; motion passed with all ayes except for Marshall who voted no. Motion to implement Community Center rates for seniors, allowing for a waiver or pro-rated fee request, made by Schrag as follows: Resident rate - $10 Resident rate with fitness room pass - $20 Non-resident rate - $15 Non-resident rate with fitness room pass - $25 Second by McCourry; motion failed with the following vote: Nos- Dillard, Harris, Marshall, and Marks Ayes- Schrag and McCourry I Mayor Dillard moved Item 3.7 up in the agenda. 3.7 Discuss and provide direction to staff regarding changes to the mull-family rental inspection program (SI06-0054, Bateman) The Planning and Development Director, Donna Bateman, presented program information from Carrollton, Ft. Worth, Garland, and Irving. She stated the city's program fees will provide funds for one position, however there will be three employees completing the inspections. Mary Golaboff, representative from Austin Ranch, was present to inquire about the process and timing of how quickly the inspections would take place once a unit became vacant and was available for a new tenant. Mary also stated The Colony's competitor cities of Frisco and Piano did not have such a program in place, and stated her concern over the fees. I Council directed staff to consider ways to reduce the financial impact of the program, and to still keep health and safety issues a priority. Bob Hager reminded council and staff of the Fair Housing Act and suggested using the age of a unit as a factor when revising the program. 3.5 Discuss and consider approval to begin purchasing equipment for the new quint for the North Colony Fire Station (Nolen) Mayor Dillard read a letter from Councilmember Mikulec indicating his support for the request. Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.6 Discuss and consider approval of a resolution awarding a bid to Canary Construction for utility improvements at the North Colony Fire Station #3 site (Nolen) Fire Chief Mike Nolen reviewed the request and stated this will take care of water lines, storm drains, and up-sizing the sewer lines. Councilmember Harris questioned the ten percent contingency requested. City Engineer Gordon Scruggs I 4 o (~ I', ,n ,........." \ i'(jlt)~,:~~~' October 2, 2006 advised the council that with smaller contracts, such as this one, contingencies need to be more than five percent to cover unexpected changes. I Motion to approve- Harris; second by Marks; motion passed with all ayes. 3.8 Discuss and provide direction to staff regarding changes to the sign ordinance (SI06-0020, Bateman) Donna presented suggestions she had received from staff and the public regarding changes to the sign ordinance and asked for further direction from council. Council instructed staff to consider First Amendment issues, enforcement procedures and penalties, height requirements for signs placed along S.H. 121, and the use of street-wide banners for city-sponsored events in the sign amendment. 3.9 Discuss and consider approval of an engineering services contract extension with Halff Associates for the review of developer construction plans (Scruggs) Gordon Scruggs stated that last year $lOOK was spent to review engineering plans. Due to the increase in development, additional funds are requested. Gordon also stated that having the process contracted reduces staff time involved. I City Manager Dale Cheatham added that with the increase in new development, this allows us to expedite the process. Motion to approve- McCourry; second by Marshall; motion passed with all ayes. Executive session began at 9:32 p.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 lltigation 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 Section 551.071 (2) and 551.072 of the TEXAS GOVERNMENT CODE to consult with the city attorney and discuss acquisition of real property for expansion and improvements for thoroughfare roadways. C. Council shall convene into a closed executive session pursuant to Section 551.071 (2) of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding an agreement with the Billingsleys and the City of The Colony concerning development of Austin Ranch. I Reconvene to Open Session at 11 :05 p.m. 4.2 A. Any action as a result of executive session regarding pending lltigation between the City of Frisco, North Texas Municipal Water District and the City of The Colony. 5 r'. n ,- r- 9. "-100'..l October 2, 2006 No action. B. Any action as a result of executive session regarding acquisition of real property for expansion and improvements for thoroughfare roadways. I Motion to eliminate the Witt-Lamer connection to the 423 alignment project and to direct staff to pursue alternatives with TxDot- Harris; second by McCourry; motion passed'with all ayes. C. Any action as a result of executive session regarding an agreement with the Billingsleys and the City of The Colony regarding an agreement for development of Austin Ranch. No action. And with no further business to discuss the meeting was adjourned at 11 :06 p.m. APPROVED: ATTEST: dw 1L~~j ~~ Christie Wilson, TRMC, City Secretary I I 6