The URL can be used to link to this page

Home My WebLink About12/04/2006 City Council December 4, 2006 I MINUTES OF REGULAR SESSION OF COUNCIL HELD ON DECEMBER 4, 2006 ; ~O' I iU~ I 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 4th day of December 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 Councilmember Councilmember Mayor Pro-tern 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- Horizons Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Citizen Input- James DePiazza thanked the city for the Police Department's Citizen Police Academy. He also advised that the Teen Court program will be starting in January for high school students. Interested students should contact the JP's office. Robert Medigovich with Community Waste Disposal passed out a pamphlet to the council with information on their company. Oma King requested the timing of the traffic light at Paige and S.H. 121 be adjusted. Announcement of upcoming civic events and activities 1_ Mayor Dillard made the following announcements: Councilmember Harris was appointed to the North Central Texas Council of Governments Regional Emergency Preparedness Planning Council. Council will hold a special session on December 11 Ih to interview for board positions. The city is looking for applicants to represent the city on the Denton County Transportation Authority. Albertson's store is closing. The annual Christmas parade will be Saturday, December 91\ at 5:45 p.m. I I 1 These items are strictly public service announcements. No action will be taken and no direction will be given regarding these items. . A 0/.. ...1 <J: ..J .~ December 4, 2006 I 2.0 I CONSENT AGENDA I 2.1 Consider approval of minutes of council meetings held November 6, 2006 (Wilson) 2.2 Consider approval of council expenditures for the month of October 2006 I (Council) 2.3 Consider approval of a resolution authorizing the city manager to execute a contract with the Texas State Library and Archives Commission for acceptance of a Loan Star Libraries Grant (Sveinsson) 2.5 Consider approval of a resolution authorizing the mayor to execute the First Amendment to the Amended and Restated Economic Development Incentive Agreement between The Colony Economic Development Corporation, the City of The Colony and Jackson-Shaw/Cascades Limited Partnership (T errall) 2.8 Consider canceling the December 18, 2006 city council meeting (Council) 2.9 Consider approval of a resolution authorizing the city manager to execute a revised Interlocal Cooperation Agreement with Denton County for reimbursement of fees for legal counsel for matters pertaining to the widening of F.M. 423 (Johnston) 2.10 Consider approval of a resolution authorizing the city manager to execute an Interlocal Cooperation Agreement with Denton County for the construction improvements on Paige Road, funded from the MOU Agreement with the county (Johnston) 2.11 Consider approval of a resolution authorizing the city manager to execute an Interlocal Cooperation Agreement with Denton County for the construction improvements for two sections of Memorial Drive, funded from the MOU I Agreement with the county (Johnston) Motion to approve above consent agenda items- Marks; second by McCourry; motion passed with all ayes. Councilmember Marks asked that items 2.4 and 2.6 be discussed separately. 2.4 Consider approval of the Mission Statement for the Cultural Arts board (Margolis) Mayor Dillard read the proposed Mission Statement. He and Councilmember Marks suggested some modifications. Motion to approve as modified- Harris; second by McCourry; motion passed with all ayes. 2.6 Consider acceptance of a bid from Wright Express for annual fuel card services (Sparkman) Purchasing Agent Bob Sparkman reviewed the different methods/locations available to purchase fuel and the bids received. He advised the council that staff recommends Wright Express because of its flexibility but it has a two cent per gallon higher price. Councilmember Harris said he would not approve Wright Express under this circumstance. Councilmember Marks made a motion to approve but received no second to the motion. I 2 1 ~o. o~ J December 4,2006 Motion to reject bid with Wright Express and award bid to QT- Harris; second by McCourry; motion failed with all nos except for Harris who voted yes. I Motion to accept Wright Express- Marshall; second by Marks; motion passed with all ayes except for Harris who voted no. Councilmember Schrag asked that item 2.7 be discussed separately. 2.7 Consider approval of a resolution amending the Master Fee Schedule to set customer utility deposits for residential rentals and commercial properties (Koo) Councilmember Schrag stated he is uncomfortable with raising the deposit for renters to $200.00 and made the following motion. Motion to make the deposit $150.00 and approve commercial deposits as proposed- Schrag; second by Marshall; motion passed with all ayes except for Harris who voted no. I 3.0 I REGULAR AGENDA ITEMS I 3.1 Conduct a public hearing, discuss and consider approval of an ordinance amending Chapter 6, Article V of the Code of Ordinances, relating to the inspection of multi-family rental units (SI06-0054, Bateman) I Donna Bateman reviewed the previous council actions on this subject and said these modifications are being presented at council's request. Multi-family would now be inspected on a basis of ten percent (10%) of an entire complex per year. Inspection fees will be presented to council on January 8, 2007. She reminded council that the annual inspections for new construction currently do not start until three years after construction is completed. Mayor Dillard opened the public hearing at 7:55 p.m. Cathy Carlton, Molly Stroud, and Mary Golaboff all spoke in favor of the revised ordinance. Ms. Golaboff also requested council further consider aging or complaint basis for multi-family inspections. Henry Billingsley said the reason for council originally considering home inspections was largely due to problems with single-family, and stated he wants pricing to be competitive with other cities. The public hearing was closed at 8:05 p.m. Motion to approve with instructions to bring back a five-year start for new construction of multi-family-Harris; second by Marks; motion passed with all ayes. 3.2 Conduct a public hearing, discuss and consider approval of an ordinance amending Chapter 10, Article III of the Code of Ordinances, relating to inspections of food establishments (8106-0055, Bateman) I Donna reviewed the proposed changes, adding that state codes have been corrected as well. Donna advised that Councilmember Harris requested council consider further changes to the ordinance that are not included in the agenda packet. He would like food establishments that receive a score less than an A to be able to request and pay for a re-inspection to possibly raise the score up one 3 6 \~c'tmber 4, 2006 letter grade. This would be a random re-inspection within 15 days of the original inspection. Mayor Dillard opened and closed the public hearing at 8:27 p.m. with no one wishing to speak. I Motion to approve and modifying 10-64 (h) to say 89% or less can request random inspection within 15 working days and possibly improve score by one grade letter; second by Schrag Councilmember McCourry voiced his concern that changing this section may conflict with the verbiage in (f) and made a motion to table, which takes precedence over the first motion. Motion to table-McCourry; second by Marks; motion passed with all ayes except for Harris who voted no. 3.3 Conduct a public hearing, discuss and consider approval of an ordinance amending Chapter 6, Article III of the Code of Ordinances, relating to fence maintenance (SI06-0023, Bateman) Donna reviewed the proposed changes to the ordinance, which includes update of current state codes, vertical alignment, no external bracing or guy wires, prohibited materials and a section on retaining walls. Mayor Dillard opened and closed the public hearing at 8:45 p.m. with no one wishing to speak. Councilmember McCourry voiced his concern over Section 6- 75 (4) which states the finished side of a fence must be facing outward. He said the property owner should have the option. Further discussion followed among council members on this subject. I Councilmember Marshall made a motion to approve ordinance as is. Motion did not receive a second. He stated is he against striking this portion of the ordinance. Motion to accept striking section 6-75 (4)- McCourry; second by Dillard; motion failed with Dillard, McCourry, and Marks voting yes, and all others voting no. Motion to renew his prior motion (accepting ordinance as is)- Marshall; second by Schrag; motion failed with Marshall, Mikulec, and Schrag voting yes and all others voting no. Motion to accept the ordinance except for 6-75 (4) and instruct staff to bring back suggestions at a later time- Harris; second by McCourry; motion passed with all ayes. 3.4 Continue a public hearing, discuss and consider approval of an ordinance amending the Gateway Overlay District Regulations (SI06, 0030, Bateman) I Donna advised this ordinance includes procedures for requesting special exceptions, and a time limit of forty- five days for outdoor displays. 4 , of! December 4, 2006 () Ij 1 J. Public hearing was continued from the November 6, 2006 council meeting at 9:02 p.m. today. The public hearing was closed with no one wishing to speak. I Motion to approve-Harris; second by McCourry; motion passed with all ayes. 3.5 Conduct a public hearing, discuss and consider approval regarding an amendment to Section 10 of the Zoning Ordinance as it relates to permitted uses in Planned Development zoning districts (SI06-0056, Bateman) Mayor Dillard opened and closed the public hearing at 9:05 p.m. with no one wishing to speak. Motion to approve- Marshall; second by Harris; motion passed with all ayes. 3.6 Conduct a public hearing, discuss and consider approval of an ordinance amending Planned Development 18 zoning district. The area is commonly known as Tribute and is in the northwest portion of the city, south of future Lebanon Road (Z06-0011, Bateman) Donna reviewed the suggested changes to PD 18, adding that the batch plants are similar to those approved for the Jackson-Shaw property. Councilmember Harris voiced his concern over the side yard width, particularly if two chimneys are adjacent to each other. Donna stated they would be separated by a twenty-foot clearance (for combustible overlays). I Mayor Dillard opened the public hearing at 9:08 p.m. Frank Abbot with Kimley- Horn spoke in favor of the proposed changes. He also said that some retail is added to the plan north of the Country Club. Public Hearing closed at 9:12 p.m. Motion to approve- Harris; second by Marshall; motion passed with all ayes. 3.7 Discuss and consider approval of a site plan for Cascades at the Legends- Amenity Center. The 0.53 acre site is located at the southwest corner of Clearwater Drive and Stone Mountain Road (SP06-0014, Bateman) Councilmember Marks confirmed that there will be no on-street parking. Motion to approve- Harris; second by McCourry; motion passed with all ayes. 3.8 Council to receive presentation on the results of the Solid Waste Working Group's review of commercial and residential solid waste and residential recycling in preparation for a new Request For Proposal (Gilman/Eubanks) I In reviewing the document provided to council, Terry Gilman stated that on June I, 2007 the current contracts are up for renewal. He reviewed the potential changes, which includes (but not limited to) a six year contract, all waste and recycling for commercial and residential will be done by a single contractor, green waste pickup schedule and an increase to the size of the recycling containers. In addition, it is proposed to increase the number of landfill passes per quarter, and no bags or other materials outside the collection containers will 5 .: & 1 '.1 : 0 ~@cmber 4, 2006 be allowed. Public Works Director Steve Eubanks reviewed the new formula for the modification of rates. Councilmember McCourry, who is on the Solid Waste Working Group Committee, requested that questions and suggestions be forwarded as soon as possible to the city manager who will compile the information for the committee. The city attorney advised that a Request For Proposal should be ready for council consideration at the January 8, 2007 meeting. I 3.9 Discuss and consider acceptance of a bid for mowing and cleaning services for the Code Enforcement Division and approving a resolution authorizing the city manager to execute a contract with K&T's Mowing Services (Sparkman) Motion to approve- Harris; second by Mikulec; motion passed with all ayes. 3.10 Discuss and consider approval of a resolution authorizing the purchase of a John Deere tractor from Triple Blade & Steel, Inc. for $58,135.00, and a boom mower from Diamond Mowers, Inc. for $48,278.00, using pricing available through the BuyBoard Cooperative Purchasing Agreement (Sparkman) Councilmember McCourry asked why the tractor presently in use by P&R can't be used. Pam Nelson advised this type of tractor is bigger and can handle a twenty-five foot arm used to mow drainage channels. I Motion to approve- Marks; second by Mikulec; motion passed with all ayes except for Schrag who voted no. 3.11 Receive presentation on proposed beautification projects and authorize staff to expend the balance of beautification funds available for those projects (Nelson) Pam Nelson briefly reviewed the list of projects and funding available. She said that canvas banners will be purchased in the future due to the vinyl ones not holding up well in the wind. Discussion followed with Councilmember Marks specifically addressing the need for street light painting in the older part of town. Motion to approve as presented-Harris; second by Mikulec; motion passed with all ayes. 3.12 Discuss and consider approval of a resolution authorizing payment to the City of Carrollton for The Colony's portion of the construction of Segment 3 of The Colony, Carrollton and Lewisville Water Transmission Line (Scruggs) 3.13 Discuss and consider council members' attendance at Denton County Day in Austin on February 26-27, 2007 (Dillard) I Motion to approve- McCourry; second by Marshall,. motion passed with all ayes. 6 December 4,2006 .f .AI .. U/.i ,. . :.&: 1.. U I Motion to approve Marshall, Dillard, and Schrag to attend Denton County Day- McCourry; second by Mikulec; motion passed with all ayes. I 4.0 I EXECUTIVE SESSION I 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 a closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to consult with the city attorney regarding pending litigation between Mario Sinacola & Sons Excavating, Associated Indemnity Corporation, and Fireman's Insurance Fund, 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. No action. I B. Any action as a result of executive session regarding pending litigation between Mario Sinacola & Sons Excavating, Associated Indemnity Corporation, and Fireman's Insurance Fund, and the City of The Colony. Motion to authorize the city attorney to prepare a settlement agreement whereby Sinacola fIXes and/or repairs all the items on Exhibit 1 and dismissed with prejudice upon completion- Mikulec; second by Harris; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 11 :35 p.m, APPROVED: Dillard, Mayor ty of The Colony ATTEST: I (V~W~~ Christie Wilson, TRMC, City Secretary 7 I I I Northshore and The Cedars - Stewart Pennisula The Colony v. Sinacola - Settlement Discussions Work to be performed by Sinacola: Northshore Repair/replace barrier free ramps Rout and seal all pavement cracks Clean and seal all curb joints Two concrete repairs in alley behind 6536 Terrace Concrete repair in alley behind 3812 Northpark (3817 Monterrey) Broken curb/excessive cracks in front of 3812 & 3808 Monterrey Circle The Cedars Repair/replace barrier free ramps Rout and seal all pavement cracks Clean and seal all curb joints Excessive cracks between 4028 & 4029 Malone Cracks near alley exit near 4013 Malone Water holding in alley behind 4001 Malone (grind) Water holding in street at 4001 Malone (grind) Water holding in front of 6621 Alliance (grind and lift) (Sinacola and The City to share in this repair) 4-Dec-06 Completed Completed Completed Completed Completed Completed Completed Completed Completed ,"-'r I: i J .,641. . 4j