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HomeMy WebLinkAbout02/05/2007 City Council February 5,2007 10'429 I MINUTES OF REGULAR SESSION OF CITY COUNCIL HELD ON FEBRUARY 5, 2007 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 sth day of February, 2007, 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 Absent Present And with six council members present a quorum was established and the following items were addressed: I I ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS: Call to Order Invocation- Caleb Lund, Horizons Church Pledge of Allegiance to the United States Flag Salute to the Texas Flag Proclamation- The Mayor presented a Scouting for Food Day proclamation to Chris Doughtery, Scout Master for Troop 222. Recognition of Sandy Jacobs- Mayor Dillard presented a plaque to Sandy Jacobs for her service to Denton County and the citizens of The Colony. Employee of the Year Recognition A wards- Margaret Burkett, Human Resources Director, and Tony Johnston, Assistant City Manager, presented awards to Gwen Mansfield and Jimmy Arthur. Margaret also announced the following awards and WInners: Pump Station Operator of the Year -- Jimmy Arthur Police Officer of the Year - Detective James Ward Firefighter of the Year - Mark Spalinger Paramedic of the Y ear ~ Brad Wickersham Civilian of the Y ear ~ Patricia Barrington Pam Nelson, Parks and Recreation Director, recognized Community Development Corporation outgoing Board Members Susan King, Sue Walden, and Vicki Briggs. Citizen Input- No one wished to speak. Announcement of upcoming civic events and activities- Mayor Dillard announced The Colony Works Citizen's Academy. The course is to increase public awareness of municipal government and will run for nine weeks beginning March I st. Mayor Dillard also announced Perry Schrag, Mayor Pro-tern, was out of town on business. '", "U Ci>U " V ~ ... February 5, 2007 12.0 2.1 I of council meetings held January 8 and I I CONSENT AGENDA Consider approval of minutes January IS, 2007 (Wilson) 2.2 Consider scheduling the second regular City Council meeting for February on Tuesday, February 20, 2007 (Council) Motion to approve consent agenda items- McCourry; second by Marks; motion passed with all ayes. JOINT SPECIAL SESSION WITH PLANNING AND ZONING COMMISSION 3.1 Conduct a public hearing, discuss, and consider making a recommendation to City Council regarding an amendment to Ordinance No:' 03-1497, which established a Specific Use Permit for Horizon Water Park, commonly known as Hawaiian Falls Water Park, and approval ofthe site plan. The property is located at the northeast corner of Paige Road and Memorial Drive. The purpose of the amendment is to add new slides, play areas, and a stage. (Z07-0001, Bateman) The Planning and Zoning Commission meeting was called to order by Chair Brian Wade and the public hearing started at 7:28 p.m. Donna Bateman, Development Services Director, presented information regarding the proposed site plan and an amendment to an existing Special Use Permit as requested by Horizon Water Park. The request includes a stage area, volleyball court, temporary modular restroom facility, new group entry location, new slide, play area/splash park, and additional parking. I Citizens Jeff Connelly and Tony Sieler spoke in favor of the project. Flora Waesch, Eva Ward, Kristie Thompson, Jeffrey Strawn, and Ruben Krugan spoke in opposition regarding noise, trash, traffic, vandalism, and depreciating property values of their homes. The public hearing closed at 7:46 p.m. Dave Bush, President of Hawaiian Falls, and Clinton Hill, The Colony Hawaiian Falls General Manager, presented their proposed project and answered questions. The public hearing was reopened at 8:03 p.m. Discussion continued regarding litter problems in the nearby neighborhood, noise concerns, extended operating hours, and lighting issues. The public hearing closed at 8: 15 p.m. Donna stated the proposed site plan shows a closing time of 8:30 p.m. She noted that if Council chose to make any stipulation(s) on lighting requirements or change in the park's operating hours it would need to be made through a motion. Dale Cheatham, City Manager, stated the City would evaluate a possible berm on the north end of the property. Motion to approve with staff stipulations and with the exception of extending the area as defined by the SUP to 9:00 p.m. operating hours with directional lighting to shield the neighborhood- DeVille Hubbard; second by Marlene Milsak; motion passed with the following vote: I 2 February 5,2007 . .-' U ':L3 .L Ayes- Hubbard, Milsak, Wade, Morrison, and Hames Nos- Barrett and Villarreal I The Planning and Zoning Commission meeting adjourned at 8:28 p.m. City Council was present during the public hearing with the Planning and Zoning Commission. Council agreed to accept all comments from the Planning and Zoning Commission, staff, and citizen input previously provided into their meeting. The public hearing opened at 8:30 p.m. and with no one wishing to speak the hearing closed at 8:30 p.m. Bob Hagar, City Attorney, recommended the elevations be numbered to correspond on the site plan and to consider lighting recommendations if the park is to remain open until 9:00 p.m. Donna reminded Council that" staff would need direction regarding the parking lot as well. I The public hearing was reopened at 8:35 p.m. Staff and Council discussed noise complaints, lighting, landscaping, fencing, litter problems, and the needed approval by Atmos Energy for use of the utility easement in relation to the proposed parking lot. After much discussion, Councilmember Marks suggested leaving the parking requirement as is for now. Citizen David Munden spoke regarding the extended hours and encouraged staff to consider lighting requirements if the park remained opened past 8:30 p.m. The public hearing closed at 8:53 p.m. Motion to approve with staff stipulations and extend time to 9:00 p.m. with additional lights and shielding according to recommendation previously made- McCourry; second by Harris. Bob Hagar advised Council to include with any motion the stage must face southwest with noise baffling and the permanent restroom facility will be in place by the opening ofthe May 2009 season at the same site. Councilmember McCourry amended his motion to include placement of the stage to face the south and the permanent restroom be in place by the beginning of the 2009 season. Motion was seconded by Harris. Mr. Bush expressed his concern over the restroom stipulation at this time. Motion passed with all ayes. 14.0 4.1 I I REGULAR AGENDA ITEMS 1 Conduct a public hearing, discuss, and consider approval of amendments to Planned Development 18 "PD-18" zoning district. The area is commonly known as Tribute and is in the northwest portion of the city, south of future Lebanon Road. (Z06-0012, Bateman) 3 L 4 J~ruary 5, 2007 Donna presented Council with the proposed amendments which included specialty street signage and fixtures and a deviation from the city's standards for the minimum wattage of street lighting for the development. A public hearing started at 9:05 p.m. Kristian Teleki with Matthews Southwest presented signage and fixture examples to Council. Steve Eubanks, Public Works Director, stated staff did not object to a change in wattage standards for interior neighborhood lighting and that higher wattage lights were to be used at the residential intersections throughout the development. The public hearing closed at 9:31 p.m. I Motion to approve- McCourry; second by Harris; motion passed with all ayes. 4.2 Discuss and consider directing staff to initiate rezoning of, the 300 +/- acre tract located east and west of Piano Parkway on the south side of State Highway 121 from Planned Development 9 (PD-9) to an Agricultural (A) zoning district. (Mikulec) Donna provided a brief history of the property. Citizens Jeff Connelly and James DePiazza spoke in favor of rezoning the property to an Agricultural (A) zoning district. Motion for staff to initiate rezoning- Harris; second by McCourry; motion passed with all ayes. 4.3 Discuss and give staff direction relating to commercial backflow assembly devices. (Marshall) I Donna presented information to Council regarding commercial backflow assembly devices. Motion for staff to inspect backflow devices in commercial establishments- Marshall; second by Mikulec; motion passed with the following vote: Ayes- Dillard, Marshall, Mikulec, and Marks Nos- Harris and McCourry 4.4 Discuss and take appropriate action regarding a council member attending the International Council of Shopping Center tradeshow on May 20-23, 2007. (Terrall) Tom Terrall, Economic Development Director, presented information on the upcoming International Council of Shopping Center tradeshow. After discussion, Council determined Joel Marks and Allen Harris will attend the tradeshow with Economic Development staff. Mayor Dillard moved Item 4.6 up on the agenda. 4.6 Discuss and consider approval of a change order with Camino Construction for the building of a roadway from the west side of the Wal-Mart parking lot I 4 February 5,2007 . .t' r '.J U Ii 3 u I to Memorial Drive or any other action deemed appropriate by council. (Johnston) Tony presented cost and roadway design information to Council. He stated there would be a 45-60 day completion on the project. Ron Jackson, Wal-Mart Store Manager, was also present for the meeting and spoke in favor of the project. Motion to approve- Harris; second by Marks; motion passed with all ayes. 4.S Discuss and consider approval of a resolution authorizing the purchase of upgraded handheld meter reading equipment as approved in the 2006/2007 budget with pricing available through the Texas Building and Procurement Commission. (Johnston) Tony presented information to Council relating to the meter reading equipment currently used by city staff and the need for replacement. Don Thomas, Senior Meter Reader, presented a demonstration to Council. Motion to approve- Harris; second by Marshall; motion passed with all ayes. Executive Session be2an at 10:10 p.m. I s.o I EXECUTIVE SESSION S.l I B. Council shall convene into closed executive session pursuant to Section SS1.071 of the TEXAS GOVERNMENT CODE to seek advice from the City Attorney concerning a contract by and between Adolfson & Peterson Construction and the City of The Colony for Five Star Sports Complex and Park. Reconvene to Open Session at 10:30 p.m. S.2 A. Council shall convene into a closed executive session pursuant to Section SS1.071 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. No action taken. B. Any action as a result of executive session regarding a contract between the City of The Colony and Adolfson & Peterson Construction. I Motion to authorize staff and City Attorney to seek to obtain a resolution with Adolfson & Peterson Construction concerning the irrigation system at Five Star Complex; and to authorize the City Attorney to file any appropriate legal proceedings if negotiation fails- Harris; second by McCourry; motion passed with all ayes. And with no further business to discuss the meeting was adjourned at 10:33 p.m. 5 /(; C)' u Ii 0 ';t February 5,2007 APPROVED: I Dillard, Mayor t of The Colony ATTEST: I I 6